Methods and apparatus for providing virtual content over a network

ABSTRACT

Methods and apparatus for selecting, purchasing and delivering content to users of a network so that the user has “virtual” ownership of and access to the content, thereby obviating the need for physical media (e.g., DVDs or CDs). In an exemplary embodiment, the network comprises a hybrid fiber coax (HFC) network, and on-demand (OD) sessions or broadcast modes are used to deliver the virtual content stored at the head-end (or hub site) to the requesting owner. The purchased content is associated with one or more users when stored, thereby providing the owner(s) unlimited access thereto, without the costs and effort associated with renting/purchasing and maintaining DVDs. The content may also comprise new release content, which would otherwise not be available over the network at that time but for the purchase and delivery mechanisms of the invention. Various other complementary features for enhancing the user&#39;s virtual ownership experience are also disclosed.

PRIORITY

This application is a continuation of and claims priority to U.S. patentapplication Ser. No. 13/400,524 filed Feb. 20, 2012 of the same title,which claims priority to U.S. patent application Ser. No. 11/811,953filed Jun. 11, 2007 of the same title, which claims priority to U.S.Provisional Patent Application Ser. No. 60/813,479 filed Jun. 13, 2006also of the same title, each of the foregoing incorporated herein byreference in its entirety.

RELATED APPLICATIONS

This application is related to commonly owned U.S. patent applicationSer. No. 11/440,490 filed May 24, 2006 and entitled “Personal ContentServer Apparatus And Methods” (Atty. docket No. TWAR.047A/TWC 06-07),U.S. patent application Ser. No. 11/441,476 filed May 24, 2006 andentitled “Secondary Content Insertion Apparatus And Methods” (Atty.Docket No. TWAR.050A/TWC 06-18), U.S. patent application Ser. No.11/080,693 filed Mar. 14, 2005 entitled “Method And Apparatus ForNetwork Content Downloading and Recording”, U.S. patent application Ser.No. 10/182,307 filed Jul. 26, 2002 entitled “System And Method ForProviding Broadcast Programming, A Virtual VCR, And A Video Scrapbook ToProgramming Subscribers”, and U.S. patent application Ser. No.10/626,051 filed Jul. 24, 2003 and entitled “Technique for Providing aVirtual Digital Video Recorder Service Through a CommunicationsNetwork”, each of the foregoing incorporated herein by reference in itsentirety.

BACKGROUND OF THE INVENTION

1. Field of Invention

The present invention relates generally to the field of providingcontent over a network and other distribution channels, and specificallyin one embodiment to the configuration, storage, and delivery of suchcontent over a cable television network.

2. Description of Related Technology

Cable system and other content network operators have historically beenat somewhat of a competitive disadvantage to retail and rental outletsfor the delivery of certain content (such as new release movie titles)due to the latency inherent in the distribution of such content overcable as compared to these other distribution channels. New release DVDswill typically be available in the rental or retail stores such asBlockbuster® or NetFlix® well in advance of the availability of the sametitle on a VOD or similar service. This difference in distributiontiming and availability is caused in part by the lack of any effectivemeans for distributing the desired content to cable users in a hard(e.g., disc or other tangible media) form. Rather, under the prior art,such users must make use of third party rental or retail outlets if theydesire to obtain a physical copy of the content (such as for unlimitedpersonal use).

When content is newly created value related to its release is carefullycontrolled through various distribution channels in an effort tomaximize revenue return for the content owner. For example, a new majormotion picture is released through various distribution channelsaccording to availability windows. A typical sequence of suchavailability windows might be: (1) three months in commercial theaterrelease; (2) subsequent one month release for commercial airlineviewing; (3) subsequent two month release for DVD/VCR retail and rental;(4) subsequent 2 month release in cable Video-On-Demand (VOD) or cableand satellite Pay-Per-View (PPV); (5) subsequent two month release forpremium cable or satellite channel distribution (e.g., HBO, Showtime,etc.); and (6) subsequent release for non-premium channel broadcast(e.g., NBC, TBS, etc.). Distribution networks such as cable operatorshave sought to increase the value of distribution of such contentthrough their networks by obtaining rights to earlier windows ofavailability, thereby increasing potential interest by cable subscribersand buy rates of content through VOD or PPV purchases. In particular,cable and satellite operators have sought availability of major motionpicture releases through VOD and PPV on the same “day and date” terms asrental or purchase through retail outlets. However, conventionalbusiness models dictate that only after the rental and retail marketshave at least partly saturated can the “new” release be distributed viacable or satellite.

One possible approach for cable or satellite system operators toovercome this competitive disadvantage is to offer to sell and ship aDVD or similar medium with the purchase of a viewing opportunity (e.g.,on-demand movie purchase). Hence, if a subscriber wanted to purchase thecontent, they could be provided with this opportunity concurrent withviewing, or via a similar mechanism. Such an approach creates a certainbilling and fulfillment requirements where the service provider may berequired to use one or more third party providers (e.g., an on-lineentity such as Amazon.com) to process the transaction, fill the order,and/or deliver the requested medium. Furthermore, if the DVD is to beshipped ground or some other reasonably inexpensive shipping option(which would be mandated in order to keep the costs competitive withother modalities), a protracted and potentially unpredictable deliveryperiod may occur, thereby significantly reducing customer satisfaction.Such protracted or unpredictable period may also increase the user'spropensity to return the merchandise, since they now have more time toconsider the merits of the purchase. Stated simply, the more “impulsive”the opportunity for commerce (especially at a comparatively low pricepoint), the smaller the likelihood of a return or cancellation of thatpurchase. Under the foregoing approach, the cable service provider wouldalso have to pay the third party for providing the required billingand/or shipping services.

Recent advances in cable network and consumer premises equipment (CPE)technology have enabled a greater capability in terms of providing cablesystem and other network subscribers with both high-quality video andhigh-speed content/data download that is responsive to their personalneeds.

Specifically, the advent of video-on-demand (VOD) technology has greatlyincreased the ability of a subscriber to utilize certain content (e.g.,watch a movie) delivered over their cable system on their schedule. In atypical configuration, the VOD service makes available to its users aselection of multiple video programs that they can choose from and watchover a network connection with minimum setup delay. At a high level, aVOD system consists of one or more VOD servers that pass and/or storethe relevant content; one or more network connections that are used forprogram selection and program delivery; and CPE to receive, decode andpresent the video on a display unit. The content is typicallydistributed to the CPE over a Hybrid Fiber Coaxial (HFC) network.

Depending on the type of content made available and rate structure forviewing, a particular VOD service could be called “subscriptionvideo-on-demand (SVOD)” that gives customers on-demand access to thecontent for a flat monthly fee, “free video-on-demand (FVOD)” that givescustomers free on-demand access to some content, “movies on-demand”where VOD content consists of movies only, and so forth. Many of theseservices, although referred to by names different than VOD, still sharemany of the same basic attributes including storage, network and decodertechnologies. Exemplary methods and apparatus are described in, e.g.,co-owned and co-pending U.S. application Ser. No. 09/709,594 filed Jun.7, 2002 entitled “Hybrid Central/Distributed VOD Network With TieredContent Structure”, which is incorporated herein by reference in itsentirety.

Just as different varieties of VOD service offerings have evolved overtime, several different network architectures have also evolved fordeploying these services. These architectures range from fullycentralized (e.g., VOD servers at a central location) to fullydistributed (e.g., multiple copies of content distributed on VOD serversvery close to customer premises), as well as various other networkarchitectures there between. Since most cable television networks todayconsist of optical fiber towards the “core” of the network which areconnected to coaxial cable networks towards the “edge”, VOD transmissionnetwork architectures also consist of a mixture of optical fiber andcoaxial cable portions.

The CPE for VOD often consists of a digital cable set-top box (DSTB)that provides the functions of receiving cable signals by tuning to theappropriate RF channel, processing the received signal and outputtingVOD signals for viewing on a display unit. Such a digital set-top boxalso typically hosts a VOD application that enables user interaction fornavigation and selection of VOD menu.

While the architectural details of how video is transported in the coreHFC network can be different for each VOD deployment, each generallywill have a transition point where the video signals are modulated,upconverted to the appropriate RF channel and sent over the coaxialsegment(s) of the network. Depending on the topology of the individualcable plant, this could be performed at a node, hub or a headend. Thecoaxial cable portion of the network is variously referred to as the“access network” or “edge network” or “last mile network.”

Similar to VOD technology, personal video recorder (PVR) functions allowthe user a great degree of control over the playback and viewing oftheir selected content. The user can pause, fast-forward, rewind, andperform similar functions all via a unitary remote control or similardevice.

Broadcast delivery models, while lacking the features and capability ofVOD systems, are also none-the-less quite prevalent, and provide a moresimplified and streamlined means of delivering content that is notpersonalized to any given user (e.g., live television programs, etc.).However, these broadcast models also have very significant latency of“new” content availability as compared to retail or rental distributionchannels.

Hence in sum, a very salient downside to the use of “hard” media fordelivering new content to consumers is the time and effort associatedwith obtaining it (whether by rental or purchase), and returning it(rental only), while a salient deficiency with VOD, broadcast, orsimilar cable distribution paradigms is the latency of the availabilityof new content as compared to the retail or rental (hard media)distribution channels.

Conversely, “hard” media has several desirable attributes, including (i)portability (i.e., the ability to physically transport the media and useit at any number of different locations); (ii) unlimited replay andcontrol (i.e., the owner can replay, rewind, FF, etc. the media any waythey want and as many times as they want); (iii) archival capability(i.e., the owner can back the content up onto another media, so that ifone copy is lost or corrupted, it can be recovered without furtherpurchase); and (iv) the ability to impose limitations on reproduction,and provide for copyright protection/enforcement, via physicallimitations or configurations of the media.

Accordingly, it would be ideal to be able to merge all of the benefitsof the hard media and network delivery paradigms, yet without theassociated investments in time and effort in order to obtain (and returnif necessary) the hard media, and also without the aforementionedcontent availability latency.

It would also be desirable for the subscriber or user to be able topreview the content before having to make a purchase decision, therebyallowing them to purchase only content they truly want to own. Ideally,such previewing would be temporally/spatially proximate to the purchasemechanism; i.e., if one liked the preview, they could buy itimmediately. Under the rental paradigm, the user must first rent the DVD(whether by going to a rental store or via mail), view it, and then makesome additional arrangement to return the rented copy and then purchasea separate (new) copy retail, or keep the copy they have. Under theretail paradigm, the user must have some foreknowledge of the contentand hence form their purchase decision based on another source (such asa good review from a friend or a critic).

A number of commercial products provide ostensibly “new” content to theuser, yet do not provide all of the benefits of a hard media. Forexample, The ABC/Disney MovieBeam system receiver comes with apredetermined number (i.e., 100) movies already stored inside. Eachweek, up to 10 movies are replaced with new movies, thereby making thisapproach somewhat similar to the Netflix approach of a “rolling”population of available content. This approach has no ability to allowfor remote viewing, and restricts the subscriber in terms of theircontent choices.

Alternatively, SeaChange provides a consumer product that gives aDVD-like experience run from the network head-end. The SeaChange“VODlink” product comprises a software application that provides set-topboxes with DVD player capability. VODlink is a software suite that isinteroperable on Motorola and Scientific-Atlanta set-tops, as well as onVOD server platforms from SeaChange and others. VODlink, however, is abasically an extended VOD system, and hence limited to networks with VODdelivery capability. It also is ostensibly affected by the same contentlatency issues described above with respect to traditional VOD services.

Furthermore, none of the foregoing solutions provide for delivery ofmedia to other locations in a flexible manner; e.g., delivery to auser's premises, as well as to that user remotely such as when they aretraveling. It is also highly impractical to bring one's DVD collectionalong with them while traveling, due to space and weight considerations.

Hence, there is a salient need for improved distribution apparatus andmethods which allow a cable subscriber or other network user to obtain a“virtual” copy of their desired content in a prompt and effortlessmanner, using extant network infrastructure (e.g., VOD infrastructureand interfaces), and with the option of delivery to other locations.Such apparatus and methods would also optionally tie the purchase of the“virtual” content to the viewing of thereof, thereby providing contentcreators and distributors with a viable business model which would notusurp rental and retail profits.

Such improved apparatus and methods would also provide all of thebenefits associated with a tangible medium to the subscriber, includinginter alia ability to replay as many times as they like, optional “trickmode” functions (i.e., the ability to fast-forward, pause, rewind,etc.), physical redundancy, the ability to transfer or trade the contentwith others, and low latency from selection to viewing, yet without theattendant cost and effort of purchase, storage, carrying from locationto location, and possible loss or damage due to use, environmentalfactors, and so forth.

Such improved apparatus and methods would further enhance the user'sownership experience by extending the feature set beyond that availablewith a DVD purchase or rental, including inter alia the ability tooptionally customize or personalize their content, provide for automatedupdates thereto, and even dynamically encode or optimize the content foruse on different platforms or equipment.

SUMMARY OF THE INVENTION

The present invention satisfies the foregoing needs by providing, interalia, improved apparatus and methods for the selection, purchase andstorage, of content over a network.

In a first aspect of the invention, a method of providing virtualownership of content delivery over a network is disclosed. In oneembodiment, the method comprises: receiving content from a contentsource; storing the content at a storage location; associating thecontent with at least one owner; and selectively causing the content tobe transmitted from a server entity associated with the server locationto consumer premises equipment (CPE) operatively coupled to the network,the CPE being associated with the at least one owner.

In one variant, the act of associating comprises: receiving a selectionby the at least one owner of the content for purchase; processing apurchase transaction for the content; and generating a record of anassociation between the content and the at least one owner. The serverentity comprises an on-demand server, and the act of transmittingcomprises creation of a session between the server entity and the CPE,the session being used to transmit the content.

In another variant, the method further comprises inserting copyrightprotection data into at least portions of the content, whether beforethe content is stored, or after storage, but before transmission. Theinserted data can also be uniquely related to at least one of the atleast one owners.

In another variant, the content is encoded according to one of aplurality of possible coding formats before transmitting, the encodingdetermined based at least in part on data received from a client deviceon which the content will be played.

In yet another variant, the content comprises new release content, andthe creation of the session is restricted to a temporal coordinatecorresponding generally to the release of the content via anotherdistribution channel.

In a second aspect of the invention, a method of providing virtualownership of new release content via a network is disclosed. In oneembodiment, the method comprises:

receiving the content; storing at least a portion of the content so thatthe purchaser may receive the content a plurality of times; andselectively transmitting the content over the network to the purchaser,the transmitting being based at least in part on a request by thepurchaser to receive the content. Transmitting of the content isrestricted to occur only after a certain temporal coordinate.

In one variant, the stored content is associated with a purchaser, andthe act of transmitting comprises transmitting the content using a VODinfrastructure of the network. In another variant, a broadcast deliverymode is used. In still another variant, the act of transmitting over thenetwork comprises transmitting the content to the purchaser at a firstlocation over a cable network based on a first request; and transmittingthe content to the purchaser at a second location over a packet-switchednetwork based on a second request.

In yet another variant, the act of storing the content comprises storingthe content at a distribution node or hub of the network; and thetransmitting comprises transmitting the content stored at the node orhub to the purchaser from the node or hub.

In a third aspect of the invention, network apparatus adapted to obtainand store content is disclosed. In one embodiment, the apparatuscomprises: a processor; a storage device in data communication with theprocessor; a network interface in data communication with the processor,the network interface being adapted to at least receive the content fromthe network; and at least one computer program operative to run on theapparatus, the at least one computer program being adapted to: provide auser with a user interface configured to enable user selection of atleast one of a plurality of content for purchase; forward the selectionto a node of the network; cause payment information to be provided tocomplete the purchase of the selected content; and customize at leastone aspect of the content before delivery.

In one variant, the network apparatus comprises consumer premisesequipment (CPE), and the at least one customized aspect comprisesselecting one of a plurality of encoding formats. The program is furtheradapted to forward information to the node relating to the decodingcapabilities of the CPE.

In another variant, the program is further adapted to establish atrusted or authorized service domain within at least the apparatus forprotection of the content.

In still another variant, the at least one customized aspect comprisesadding annotations to one or more portions of the content, theannotations being viewable on subsequent playback of the content.

In a fourth aspect of the invention, network server apparatus isdisclosed. In one embodiment, the apparatus comprises: a processor; astorage device in data communication with the processor; a networkinterface in data communication with the processor, the networkinterface being adapted to at least transmit the content via thenetwork; and at least one computer program operative to run on theapparatus, the at least one computer program being adapted to: receiveat least one purchase selection for content from a user; store the userselected content at a storage location accessibly by the apparatus;associate at least the user with the stored content; and selectivelydeliver the content to the user over the network.

In one variant, the at least one computer program is further adapted to:receive at least one user-specified customization; and customize atleast one aspect of the content before the delivery based at least inpart on the at least one user-specified customization.

In another variant, the content comprises audio or music contentrelating to a plurality of artists, and at least one computer program isfurther adapted to deliver at least selected portions of the content tothe user based on one or more configurations specified by the user.These one or more configurations may comprise for example: (i)substantially randomized play; (ii) genre play; and (iii) artist play.

In a fifth aspect of the invention, a network architecture for use indelivering content to a user is disclosed. In one embodiment, thearchitecture comprises: a server operatively coupled to the network; anda plurality of nodes operatively coupled to the network, the nodes eachcomprising at least a portion of the content. The server is operativeto: receive a purchase transaction for the content from the user; causeretrieval of the at least portions of the content from respective onesof the nodes; and deliver the content to the user.

In one variant, the delivery of the content to the user comprisesassembling the at least portions of the content before transmitting thecontent to the user over the network. In another variant, the deliveryof the content to the user comprises assembling the at least portions ofthe content at a client premises device of the user.

In a sixth aspect of the invention, a method of doing business isdisclosed. In one embodiment, the method comprises: receiving contentfrom a source; storing at least a portion of the content so that apurchaser thereof may receive the content a plurality of times; andselectively providing the content to the purchaser, the act of providingbeing based at least in part on a request by the purchaser to receivethe content.

In one variant, the act of storing comprises storing the at leastportion of the content within a virtual content database according to analgorithm, the algorithm dynamically varying the contents of the virtualcontent database based on at least one parameter. The at least oneparameter comprises, e.g., a metric related to the estimated subscriberdemand for the content.

In a seventh aspect of the invention, a method of providing a virtualhard drive for a computerized device disposed at a first location and incommunication with a cable network is disclosed. In one embodiment, themethod comprises: receiving a plurality of files from the computerizeddevice via the cable network; storing at least a portion of the files ata second location within the network and substantially remote from thefirst location; and selectively providing the files to the device viathe network, the act of providing being based at least in part on arequest by the device to receive or access the files.

In an eighth aspect of the invention, a method of providing updates tovirtual content of an owner over a network is disclosed. In oneembodiment, the method comprises: receiving first content from a contentsource; storing the first content at a storage location; associating thefirst content with at least one owner; receiving an update to the firstcontent; storing the update at a storage location; and selectivelycausing either of the first content or update to be transmitted toconsumer premises equipment (CPE) operatively coupled to the network,the CPE being associated with the at least one owner. The act ofselectively causing is based at least in part on a preference receivedfrom the at least one owner.

In a ninth aspect of the invention, a method of providing virtualownership of content via a network is disclosed. In one embodiment, themethod comprises: storing first content so that it is associated with afirst subscriber, the first subscriber having purchased the firstcontent; storing second content so that it is associated with a secondsubscriber, the second subscriber having purchased the second content;and allowing the first and second subscribers to trade ownership of thefirst and second content using the network.

In another aspect, a method of content management within a contentdelivery network having a plurality of users is disclosed. In oneembodiment, the method includes: receiving content at a client device,the client device associated with the at least one of the plurality ofusers of the network; and causing at least a portion of the content tobe uploaded to a storage entity of the network. In one variant, thestorage entity is configured to store the content at a storage locationspecifically associated with the at least one user.

In another embodiment, the method includes: receiving content at aclient device, the client device associated with the at least one of theplurality of users of the network; receiving a request to record thecontent; and based at least in part on the request, causing at least aportion of the content to be uploaded to a storage entity of thenetwork. In one variant, the storage entity is configured to store thecontent at a storage location specifically associated with the at leastone user.

In another aspect, a method of providing content from a content deliverynetwork to at least one of a plurality of users of the network isdisclosed. In one embodiment, the method includes: receiving, at anetwork-side storage entity for storage thereon, content from a clientdevice associated with the at least one of the plurality of users of thenetwork; and causing at least a portion of the received content to bestored on the storage entity. In one variant, the storage entity isconfigured to store the at least portion of the content at a storagelocation specifically associated with the at least one user.

In a further aspect, a method of managing content via a content deliverynetwork, so as to ensure copyright preservation, is disclosed. In oneembodiment, the method includes: recording a first rendering of acontent element on a first recording device at a first location, thefirst recording device being associated with a first user; and recordinga second rendering of the content element on a second recording deviceat a second location, the second location being in communication withthe first location via the content delivery network, the secondrendering being made accessible only to the first user so as to protectthe copyright of the content.

BRIEF DESCRIPTION OF THE DRAWINGS

FIG. 1 is a functional block diagram illustrating an exemplary HFC cablenetwork configuration useful with the present invention.

FIG. 1 a is a functional block diagram illustrating one exemplary HFCcable network head-end configuration useful with the present invention.

FIG. 1 b is a functional block diagram illustrating one exemplary localservice node configuration useful with the present invention.

FIG. 1 c is a functional block diagram illustrating one exemplarybroadcast switched architecture (BSA) network useful with the presentinvention.

FIG. 2 is a functional block diagram of one exemplary embodiment of thevirtual content management architecture (VCMA) according to theinvention.

FIG. 2 a is a functional block diagram of a first exemplary embodimentof the network logical topology of the exemplary virtual contentmanagement architecture (VCMA) of FIG. 2.

FIG. 2 b is a functional block diagram of a second exemplary embodimentof the network logical topology of the exemplary virtual contentmanagement architecture (VCMA) of FIG. 2.

FIG. 2 c is a functional block diagram of a third exemplary embodimentof the network logical topology of the exemplary virtual contentmanagement architecture (VCMA) of FIG. 2.

FIG. 2 d is a functional block diagram of a fourth exemplary embodimentof the network logical topology of the exemplary virtual contentmanagement architecture (VCMA) of FIG. 2.

FIG. 2 e is a functional block diagram of a fifth exemplary embodimentof the network logical topology of the exemplary virtual contentmanagement architecture (VCMA) of FIG. 2, adapted for an exemplarypremises gaming application.

FIG. 3 is a logical flowchart illustrating the generalized virtualcontent storage and delivery methodology according to the presentinvention.

FIG. 3 a is a logical flowchart illustrating a first embodiment of theuser purchase methodology of FIG. 3.

FIG. 3 b is a logical flowchart illustrating a first embodiment of thecontent storage methodology of FIG. 3.

FIG. 3 c is a logical flowchart illustrating a first embodiment of thecontent retrieval/delivery methodology of FIG. 3.

FIG. 4 is a functional block diagram illustrating a first exemplaryembodiment of network server apparatus adapted for use with the VCMA ofthe present invention.

FIG. 5 is a functional block diagram illustrating a first exemplaryembodiment of consumer premises equipment (CPE) adapted for use with theVCMA of the present invention.

FIG. 6 is a functional block diagram illustrating a first exemplaryconverged device (CD) and associated premises-side architecture usefulwith the VCMA of the present invention.

FIG. 7 is a logical flow diagram of one exemplary embodiment of thebusiness methodology according to the present invention.

DETAILED DESCRIPTION OF THE INVENTION

Reference is now made to the drawings wherein like numerals refer tolike parts throughout.

As used herein, the term “application” refers generally to a unit ofexecutable software that implements a certain functionality or theme.The themes of applications vary broadly across any number of disciplinesand functions (such as on-demand content management, e-commercetransactions, brokerage transactions, home entertainment, calculatoretc.), and one application may have more than one theme. The unit ofexecutable software generally runs in a predetermined environment; forexample, the unit could comprise a downloadable Java Xlet™ that runswithin the JavaTV™ environment.

As used herein the term “browser” refers to any computer program,application or module which provides network access capabilityincluding, without limitation, Internet browsers adapted for accessingone or more websites or URLs over the Internet, as well as any “useragent” including those adapted for visual, aural, or tactilecommunications.

As used herein, the terms “client device” and “end user device” include,but are not limited to, set-top boxes (e.g., DSTBs), personal computers(PCs), and minicomputers, whether desktop, laptop, or otherwise, andmobile devices such as handheld computers, PDAs, personal media devices(PMDs), such as for example an iPod™ or Motorola ROKR, and smartphones.

As used herein, the term “codec” refers to an video, audio, or otherdata coding and/or decoding algorithm, process or apparatus including,without limitation, those of the MPEG (e.g., MPEG-1, MPEG-2, MPEG-4,etc.), Real (RealVideo, etc.), AC-3 (audio), DiVX, XViD/ViDX, WindowsMedia Video (e.g., WMV 7, 8, or 9), ATI Video codec, or VC-1 (SMPTEstandard 421M) families.

As used herein, the term “computer program” or “software” is meant toinclude any sequence or human or machine cognizable steps which performa function. Such program may be rendered in virtually any programminglanguage or environment including, for example, C/C++, Fortran, COBOL,PASCAL, assembly language, markup languages (e.g., HTML, SGML, XML,VoXML), and the like, as well as object-oriented environments such asthe Common Object Request Broker Architecture (CORBA), Java™ (includingJ2ME, Java Beans, etc.) and the like.

As used herein, the term “conditional access” refers to any accesscontrol scheme, whether implemented in hardware, software, or firmware(or combinations thereof), including without limitation members of the“Powerkey” family (Powerkey Book 2, Powerkey Book 3, etc.), NDS(including VideoGuard, mVideoGuard, etc.), ANSI/SCTE Standard 52 2003(DVS-042), incorporated herein by reference in its entirety, andMotorola/General Instrument DigiCipher® family (DigiCipher II, etc.).These can be implemented using, for example, the so-called “CableCard”plug-in security module access technology, a downloadable CA system(DCAS), or otherwise.

The terms “Customer Premises Equipment (CPE)” and “host device” refer toany type of electronic equipment located within a customer's or user'spremises and connected to a network. The term “host device” refersgenerally to a terminal device that has access to digital televisioncontent via a satellite, cable, or terrestrial network. The host devicefunctionality may be integrated into a digital television (DTV) set. Theterm “customer premises equipment” (CPE) includes such electronicequipment such as set-top boxes (e.g., DSTBs), televisions, cable modems(CMs), embedded multimedia terminal adapters (eMTAs), whetherstand-alone or integrated with other devices, Digital Video Recorders(DVR), gateway storage devices (Furnace), and ITV Personal Computers.

As used herein, the term “database” refers generally to one or moretangible or virtual data storage locations, which may or may not bephysically co-located with each other or other system components.

As used herein, the term “display” means any type of device adapted todisplay information, including without limitation CRTs, LCDs, TFTs,plasma displays, LEDs, incandescent and fluorescent devices. Displaydevices may also include less dynamic devices such as, for example,printers, e-ink devices, and the like.

As used herein, the term “DVI” (digital video interface) refersgenerally to any type of interface (e.g., hardware and/or software)adapted to provide interface and/or conversion between different formatsor domains, including without limitation interfaces compliant with theDigital Display Working Group (DDWG) DVI specification (e.g., DVI-A,DVI-D, and DVI-I). For example, using a DVI connector and port, adigital signal sent to an analog monitor is converted into an analogsignal; if the monitor is digital, such as a flat panel display, noconversion is necessary. A DVI output is an option in OpenCablecompliant hardware that provides a high-definition TV (HDTV) outputwhich includes copy protection.

As used herein, the term “DVR” (digital video recorder) refers generallyto any type or recording mechanism and/or software environment wherebycontent sent over a network can be recorded and selectively recalled.Such DVR may be dedicated in nature, or part of a non-dedicated ormulti-function system.

As used herein, the term “DOCSIS” refers to any of the existing orplanned variants of the Data Over Cable Services InterfaceSpecification, including for example DOCSIS versions 1.0, 1.1, 2.0 and3.0. DOCSIS (version 1.0) is a standard and protocol for internet accessusing a “digital” cable network. DOCSIS 1.1 is interoperable with DOCSIS1.0, and has data rate and latency guarantees (VoIP), as well asimproved security compared to DOCSIS 1.0. DOCSIS 2.0 is interoperablewith 1.0 and 1.1, yet provides a wider upstream band (6.4 MHz), as wellas new modulation formats including TDMA and CDMA. It also providessymmetric services (30 Mbps upstream).

As used herein, the term “head-end” refers generally to a networkedsystem controlled by an operator (e.g., an MSO) that distributesprogramming to MSO clientele using client devices. Such programming mayinclude literally any information source/receiver including, inter glia,free-to-air TV channels, pay TV channels, interactive TV, and theInternet. DSTBs may literally take on any configuration, and can beretail devices meaning that consumers may or may not obtain their DSTBsfrom the MSO exclusively. Accordingly, it is anticipated that MSOnetworks may have client devices from multiple vendors, and these clientdevices will have widely varying hardware capabilities. Multipleregional head-ends may be in the same or different cities.

As used herein, the term “integrated circuit (IC)” refers to any type ofdevice having any level of integration (including without limitationULSI, VLSI, and LSI) and irrespective of process or base materials(including, without limitation Si, SiGe, CMOS and GaAs). ICs mayinclude, for example, memory devices (e.g., DRAM, SRAM, DDRAM,EEPROM/Flash, ROM), digital processors, SoC devices, FPGAs, ASICs, ADCs,DACs, transceivers, memory controllers, and other devices, as well asany combinations thereof.

As used herein, the terms “Internet” and “internet” are usedinterchangeably to refer to inter-networks including, withoutlimitation, the Internet.

As used herein, the terms “local” and “remote” refer generally todevices, entities, or users that are serviced by substantially differentcommunications channels. These terms are intended to be relative, andbear no physical or absolute reference or connotation as to theplacement of the communication channels or the served device, entitiesor users. For example, a “local” network may comprise the MSO cable orsatellite network, whereas a “remote” network may comprise the Internetor a LAN/WAN/MAN, the latter which may literally serve the very samepremises.

As used herein, the term “memory” includes any type of integratedcircuit or other storage device adapted for storing digital dataincluding, without limitation, ROM. PROM, EEPROM, DRAM, SDRAM, DDR/2SDRAM, EDO/FPMS, RLDRAM, SRAM, “flash” memory (e.g., NAND/NOR), andPSRAM.

As used herein, the terms “microprocessor” and “digital processor” aremeant generally to include all types of digital processing devicesincluding, without limitation, digital signal processors (DSPs), reducedinstruction set computers (RISC), general-purpose (CISC) processors,microprocessors, gate arrays (e.g., FPGAs), PLDs, reconfigurable computefabrics (RCFs), array processors, and application-specific integratedcircuits (ASICs). Such digital processors may be contained on a singleunitary IC die, or distributed across multiple components.

As used herein, the term “modem” refers to any kind of modulation ordemodulation process or apparatus including without limitation cable(e.g., DOCSIS compliant) modems, DSL modems, analog modems, and soforth.

As used herein, the terms “MSO” or “multiple systems operator” refer toa cable, satellite, or terrestrial network provider havinginfrastructure required to deliver services including programming anddata over those mediums.

As used herein, the terms “network” and “bearer network” refer generallyto any type of telecommunications or data network including, withoutlimitation, hybrid fiber coax (HFC) networks, satellite networks, telconetworks, and data networks (including MANs, WANs, LANs, WLANs,internets, and intranets). Such networks or portions thereof may utilizeany one or more different topologies (e.g., ring, bus, star, loop,etc.), transmission media (e.g., wired/RF cable, RF wireless, millimeterwave, optical, etc.) and/or communications or networking protocols(e.g., SONET, DOCSIS, IEEE Std. 802.3, ATM, X.25, Frame Relay, 3GPP,3GPP2, WAP, SIP, UDP, FTP, RTP/RTCP, TCP/IP, H.323, etc.).

As used herein, the to in “network agent” refers to any network entity(whether software, firmware, and/or hardware based) adapted to performone or more specific purposes. For example, a network agent may comprisea computer program running in server belonging to a network operator,which is in communication with one or more processes on a CPE or otherdevice.

As used herein, the term “QAM” refers to modulation schemes used forsending signals over cable networks. Such modulation scheme might useany constellation level (e.g. QPSK, QAM-16, QAM-64, QAM-256 etc.)depending on details of a cable network. A QAM may also refer to aphysical channel modulated according to said schemes.

As used herein, the term “network interface” refers to any signal ordata interface with a component or network including, withoutlimitation, those of the Firewire (e.g., FW400, FW800, etc.), USB (e.g.,USB2), Ethernet (e.g., 10/100, 10/100/1000 (Gigabit Ethernet), 10-Gig-E,etc.), MoCA, Serial ATA (e.g., SATA, e-SATA, SATAN), Ultra-ATA/DMA,Coaxsys (e.g., TVnet™), radio frequency tuner (e.g., in-band or OOB,cable modem, etc.), modem, WiFi (802.11a,b,g,n), WiMAX (802.16), PAN(802.15), or IrDA families.

As used herein, the term “provisioning” refers generally to a processwhereby a package, content title or other information is provided to aservice (such as on-demand download service) so that the information isintegrated with other functions and software modules within the service.

As used herein, the term “purchase” shall mean without limitation anysale, agreement for sale, transfer of funds, promise to transfer funds,barter arrangement, promotional or incentive agreement or arrangement,virtual ownership, subscription, or other relationship whereinconsideration of any kind is exchanged between two or more parties (ortheir proxies).

As used herein, the term “recording medium” refers to any material,component, collection of components or device adapted to storeinformation in a substantially permanent or semi-permanent state.Exemplars of recording media include, without limitation, magneticmedia, integrated circuits (e.g., RAM or ROM), optical media, chemicalmedia, and atomic- and subatomic-level storage structures (e.g.,crystalline structures, quantum or spin states, etc.).

As used herein, the term “server” refers to any computerized component,system or entity regardless of fowl which is adapted to provide data,files, applications, content, or other services to one or more otherdevices or entities on a computer network.

As used herein, the term “Service Group” refers to either a group ofservice users (e.g. subscribers) or the resources shared by them in theform of entire cable RF signal, only the RF channels used to receive theservice or otherwise treated as a single logical unit by the network forresource assignment.

As used herein, the term “speech recognition” refers to any methodologyor technique by which human or other speech can be interpreted andconverted to an electronic or data format or signals related thereto. Itwill be recognized that any number of different forms of spectralanalysis such as, without limitation, MFCC (Mel Frequency CepstralCoefficients) or cochlea modeling, may be used. Phoneme/wordrecognition, if used, may be based on HMM (hidden Markov modeling),although other processes such as, without limitation, DTW (Dynamic TimeWarping) or NNs (Neural Networks) may be used. Myriad speech recognitionsystems and algorithms are available, all considered within the scope ofthe invention disclosed herein.

As used herein, the term “user interface” refers to, without limitation,any visual, graphical, tactile, audible, sensory, or other means ofproviding information to and/or receiving information from a user orother entity.

As used herein, the term “Wi-Fi” refers to, without limitation, any ofthe variants of IEEE-Std. 802.11 or related standards including802.11a/h/g/n.

As used herein, the term “wireless” means any wireless signal, data,communication, or other interface including without limitation Wi-Fi,Bluetooth, 3G, HSDPA/HSUPA, TDMA, CDMA (e.g., IS-95A, WCDMA, etc.),FHSS, DSSS, GSM, PAN/802.15, WiMAX (802.16), 802.20, narrowband/FDMA,OFDM, PCS/DCS, analog cellular, CDPD, satellite systems, millimeter waveor microwave systems, acoustic, and infrared (i.e., IrDA).

Overview

The present invention comprises improved methods and apparatus for theselection, storage, and provision of content or other data via a network(such as a cable television network).

In one exemplary embodiment, the present invention utilizes extantnetwork streaming and broadcast technologies to provide a here-to-foreunavailable capability to the network subscriber or other user; i.e.,timely and rapid download of new content such as a new-release movie orgame. Furthermore, “virtual” ownership of the content is provided, suchthat it can be utilized by the purchaser or subscriber as if they hadpossession of the tangible medium, yet without the attendantdisabilities of purchasing and owning a physical medium (e.g., DVD)including storage, requirement for a DVD player, and so forth. Theprovision of the new content for viewing can also be tied to a purchaseof the content (or other commerce-based event), such as where thecontent is only delivered after the user agrees to purchase it. Thiscapability provides a number of distinct advantages, including, intercilia: the ability to sell the subscriber a movie or other title in anearlier window than would otherwise be available under prior art networkcontent distribution paradigms, while providing the subscriber enhancedflexibility and choices for content ownership no added effort or cost.

Furthermore, by using the aforementioned “tying” of the content purchaseand viewing of the content, content providers such as studios ornetworks can be assured of no diminution of their rental and retailchannels. This approach provides a strong differentiation over otherphysical distribution channels (e.g., rental and retail), since viewerscan now select, purchase, and view/use their selected content withoutthe attendant cost and effort of renting/return or retail purchase.Also, delivery and controlled distribution (i.e., recording) over acable or similar network can provide certain security benefits ascompared to other electronic network distribution channels (such as theInternet), which are inherently untrusted and hence provide asignificant risk of theft or unauthorized “ripping” or peer-sharing ofcontent to the content provider without additional security measures.Copyright or other intellectual property rights management mechanismscan also be readily implemented and enforced using the approach of thepresent invention.

The present invention also advantageously provides the ability todeliver content to hardware domains or locations where delivery offull-featured content might otherwise be impractical or impossible. Forexample, in the context of a prior art DVD, a DVD player of some sort(whether as a stand-alone device, integrated into a PC or laptop, etc.)would be required in order to view the content. Under the presentinvention, however, delivery of content can occur repeatedly and ineffect instantaneously to devices not having a DVD player or significantstorage volume (e.g., DVR); rather, the only salient requirement isaccess to the virtual content server and sufficiently high bandwidthcapability between the client device and the server.

The “virtual” or dynamic storage capability of the invention can alsoreadily be disposed at any number of different locations or nodes withinthe network (depending on its topology and delivery paradigm) including,e.g., at the head-end, BSA hub site, or other distribution or managementnode.

Various other aspects of the present invention include: (i) the abilityfor virtual content owners to annotate or otherwise personalize theircontent; (ii) parental or other controls for masking or blockingselected portions of content; (iii) a distributed premises gamingarchitecture based on virtually owned gaming applications/content; (iv)a peer-to-peer (P2P) distributed delivery architecture; (v) contentpreview capability; (vi) the ability to virtually storesubscriber-generated content; (vii) virtual audio storage and services;(viii) the ability to trade or transfer virtually owned content over thenetwork; (ix) dynamic virtual content database shaping; (x) privacymechanisms (i.e., to prevent association of a particular subscriber withparticular content by a third party); (xi) automated or semi-automatedupdating of content, such as when new or remixed versions are released;(xii) dynamic or adaptive encoding, so that content can be encodedon-the-fly for particular subscriber platforms as opposed to storingmultiple different variants; and (xiii) “virtual hard drive” capabilityfor subscriber PCs to provide all of the benefits of content storage,yet for data and/or software applications that would normally beresident on a computerized device.

Exemplary embodiments of network server and subscriber premises devicesare also described, as well as an operational/business “rules” engine toenforce various network rules within the virtual content management(VCM) architecture.

Various business methodologies and paradigms relating to the foregoingfeatures are also described.

DETAILED DESCRIPTION OF EXEMPLARY EMBODIMENTS

Exemplary embodiments of the apparatus and methods of the presentinvention are now described in detail. While these exemplary embodimentsare described in the context of the aforementioned hybrid fiber coax(HFC) cable architecture having an multi-system operator (MSO), digitalnetworking capability, and plurality of client devices/CPE, the generalprinciples and advantages of the invention may be extended to othertypes of networks and architectures where bandwidth allocation isrequired or desirable, whether broadband, narrowband, wired or wireless,content or data, or otherwise. Hence, the following description ismerely exemplary in nature. For example, the invention may be practicedover a fiber-to-the-home (FTTH) or fiber-to-the-curb (FTTC) system, orover a satellite or millimeter wave-based network.

It will also be appreciated that while described generally in thecontext of a network providing service to a consumer (i.e., home) enduser domain, the present invention may be readily adapted to other typesof environments including, e.g., commercial/enterprise, andgovernment/military applications. Myriad other applications arepossible.

It is further noted that while described primarily in the context of 6MHz RF channels, the present invention is applicable to literally anyfrequency/bandwidth, such as for example 8 MHz channels.

Furthermore, as referenced above, the invention is in no way limited totraditional cable system frequencies (i.e., below 1 GHz), and in factmay be used with systems that operate above 1 GHz band in centerfrequency or bandwidth, to include without limitation so-calledultra-wideband (UWB) systems. For example, in one variant of theinvention, high-bandwidth UWB signals imposed atop the traditional QAMsof the cable network are used to provide a high-speed data downloadcapability for the content to be utilized at the subscriber's premises(e.g., applications or archived data).

Also, while certain aspects are described primarily in the context ofthe well-known Internet Protocol (described in, inter alfa, RFC 791 and2460), it will be appreciated that the present invention may utilizeother types of protocols (and in fact bearer networks to include otherinternees and intranets) to implement the described functionality.

FIG. 1 illustrates a typical generalized content-based networkconfiguration with which the virtual content storage and deliveryapparatus and methods of the present invention may be used. The variouscomponents of the network 100 include (i) one or more data andapplication origination points 102; (ii) one or more content sources103, (iii) one or more application distribution servers 104; (iv) one ormore VOD servers 105, and (v) consumer premises equipment (CPE) 106. Thedistribution server(s) 104, VOD servers 105 and CPE(s) 106 are connectedvia a bearer (e.g., HFC) network 101. A simple architecture comprisingone of each of the aforementioned components 102, 104, 105, 106 is shownin FIG. 1 for simplicity, although it will be recognized that comparablearchitectures with multiple origination points, distribution servers,VOD servers, and/or CPE devices (as well as different networktopologies) may be utilized consistent with the invention. For example,the head-end architecture of FIG. 1 a (described in greater detailbelow) may be used.

The data/application origination point 102 comprises any medium thatallows data and/or applications (such as a VOD-based application, gamingapplication, or “Watch TV” application) to be transferred to adistribution server 104. This can include for example a third party datasource, application vendor website, CD-ROM, external network interface,mass storage device (e.g., RAID system), etc. Such transference may beautomatic, initiated upon the occurrence of one or more specified events(such as the receipt of a request packet or ACK), performed manually, oraccomplished in any number of other modes readily recognized by those ofordinary skill.

The application distribution server 104 comprises a computer systemwhere such applications can enter the network system. Distributionservers are well known in the networking arts, and accordingly notdescribed further herein.

The VOD server 105 comprises a computer system where on-demand contentcan be received from one or more of the aforementioned data sources 102and enter the network system. These servers may generate the contentlocally, or alternatively act as a gateway or intermediary from adistant source.

The CPE 106 includes any equipment in the “customers' premises” (orother locations, whether local or remote to the distribution server 104)that can be accessed by a distribution server 104. Exemplary embodimentsof a “converged” CPE (i.e., CD) of the invention are also describedsubsequently herein.

Referring now to FIG. 1 a, one exemplary embodiment of a head-endarchitecture useful with the present invention is described. As shown inFIG. 1 a, the head-end architecture 150 comprises typical head-endcomponents and services including billing module 152, subscribermanagement system (SMS) and CPE configuration management module 154,cable-modem termination system (CMTS) and OOB system 156, as well asLAN(s) 158, 160 placing the various components in data communicationwith one another. It will be appreciated that while a bar or bus LANtopology is illustrated, any number of other arrangements as previouslyreferenced (e.g., ring, star, etc.) may be used consistent with theinvention. It will also be appreciated that the head-end configurationdepicted in FIG. 1 a is high-level, conceptual architecture and thateach MSO may have multiple head-ends deployed using customarchitectures.

The architecture 150 of FIG. 1 a further includes amultiplexer/encrypter/modulator (MEM) 162 coupled to the HFC network 101adapted to “condition” content for transmission over the network. Thedistribution servers 104 are coupled to the LAN 160, which providesaccess to the MEM 162 and network 101 via one or more file servers 170.The VOD servers 105 are coupled to the LAN 160 as well, although otherarchitectures may be employed (such as for example where the VOD serversare associated with a core switching device such as an 802.3z GigabitEthernet device). As previously described, information is carried acrossmultiple channels. Thus, the head-end must be adapted to acquire theinformation for the carried channels from various sources. Typically,the channels being delivered from the head-end 150 to the CPE 106(“downstream”) are multiplexed together in the head-end and sent toneighborhood hubs (FIG. 1 b) via a variety of interposed networkcomponents.

Content (e.g., audio, video, etc.) is provided in each downstream(in-band) channel associated with the relevant service group. Tocommunicate with the head-end or intermediary node (e.g., hub server),the CPE 106 may use the out-of-band (OOB) or DOCSIS channels andassociated protocols. The OCAP 1.0, 2.0, 3.0 (and subsequent)specification provides for exemplary networking protocols bothdownstream and upstream, although the invention is in no way limited tothese approaches.

It will also be recognized that the multiple servers (broadcast, VOD, orotherwise) can be used, and disposed at two or more different locationsif desired, such as being part of different server “farms”. Thesemultiple servers can be used to feed one service group, or alternativelydifferent service groups. In a simple architecture, a single server isused to feed one or more service groups. In another variant, multipleservers located at the same location are used to feed one or moreservice groups. In yet another variant, multiple servers disposed atdifferent location are used to feed one or more service groups.

As shown in FIG. 1 b, the network 101 of FIGS. 1 and 1 a comprises afiber/coax arrangement wherein the output of the MEM 162 of FIG. 1 a istransferred to the optical domain (such as via an optical transceiver177 at the head-end or further downstream). The optical domain signalsare then distributed to a fiber node 178, which further distributes thesignals over a distribution network 180 to a plurality of localservicing nodes 182. This provides an effective 1:N expansion of thenetwork at the local service end.

“Switched” Networks—

FIG. 1 c illustrates an exemplary “switched” network architecture alsouseful with the present invention. While a so-called “broadcast switchedarchitecture” or BSA network is illustrated in this exemplaryembodiment, it will be recognized that the present invention is in noway limited to such architectures.

Switching architectures allow improved efficiency of bandwidth use forordinary digital broadcast programs. Ideally, the subscriber will beunaware of any difference between programs delivered using a switchednetwork and ordinary streaming broadcast delivery.

FIG. 1 c shows the implementation details of one exemplary embodiment ofthis broadcast switched network architecture. Specifically, the head-end150 contains switched broadcast control and media path functions 190,192; these element cooperating to control and feed, respectively,downstream or edge switching devices 194 at the hub site which are usedto selectively switch broadcast streams to various service groups. A BSAserver 196 is also disposed at the hub site, and implements functionsrelated to switching and bandwidth conservation (in conjunction with amanagement entity 198 disposed at the head-end). An optical transportring 197 is utilized to distribute the dense wave-division multiplexed(DWDM) optical signals to each hub in an efficient fashion.

Co-owned and co-pending U.S. patent application Ser. No. 09/956,688filed Sep. 20, 2001 and entitled “Technique For Effectively ProvidingProgram Material In A Cable Television System”, incorporated herein byreference in its entirety, describes one exemplary broadcast switcheddigital architecture useful with the present invention, although it willbe recognized by those of ordinary skill that other approaches andarchitectures may be substituted.

In addition to “broadcast” content (e.g., video programming), thesystems of FIGS. 1 a-1 e can also deliver Internet data services usingthe Internet protocol (IP), although other protocols and transportmechanisms of the type well known in the digital communication art maybe substituted. One exemplary delivery paradigm comprises deliveringMPEG-based video content (e.g., “IPTV” or the like), with the videotransported to user PCs (or IP-based STBs) over the aforementionedDOCSIS channels comprising MPEG (or other video codec such as H.264 orAVC) over IP over MPEG. That is, the higher layer MPEG- or other encodedcontent is encapsulated using an IP protocol, which then utilizes anMPEG packetization of the type well known in the art for delivery overthe RF channels. In this fashion, a parallel delivery mode to the normalbroadcast delivery exists; i.e., delivery of video content both overtraditional downstream QAMs to the tuner of the user's STB or otherreceiver device for viewing on the television, and also as packetized IPdata over the DOCSIS QAMs to the user's PC or other IP-enabled devicevia the user's cable modem.

Referring again to FIG. 1 c, the IP packets associated with Internetservices are received by edge switch 194, and forwarded to the cablemodem termination system (CMTS) 199. The CMTS examines the packets, andforwards packets intended for the local network to the edge switch 194.Other packets are discarded or routed to another component.

The edge switch 194 forwards the packets receive from the CMTS 199 tothe QAM modulator 189, which transmits the packets on one or morephysical (QAM-modulated RF) channels to the CPEs. The IP packets aretypically transmitted on RF channels that are different that the RFchannels used for the broadcast video and audio programming, althoughthis is not a requirement. The CPE 106 are each configured to monitorthe particular assigned RF channel (such as via a port or socketID/address, or other such mechanism) for IP packets intended for thesubscriber premises/address that they serve.

It will be appreciated that while the exemplary embodiments presentedherein are described in the context of Internet services that includemulticast and unicast data, the present invention is applicable to othertypes of services that include multicast transmission of data deliveredover a network having multiple physical channels or even virtual orlogical channels. For example, switching between various physicalchannels that comprise a virtual channel, can itself be conductedaccording to the “switched” approach of the present invention. As asimple illustration, if a first virtual channel is comprised of physicalchannels (e.g., QAMs) A, B and D, and a second virtual channel iscomprised of QAMs C, E and F, a CM or other CPE can be configured toswitch between the A/B/D and C/E/F virtual channels as if they were asingle QAM.

Virtual Content Management Architecture (VCMA)—

Referring now to FIG. 2, a first embodiment of the exemplary virtualcontent management (VCM) architecture according to the present inventionis described in detail.

In one aspect, the VCM architecture provides a functionality generallycomparable to rental (i.e., the ability to user-select titles forviewing on more than one occasion); however, the procurement and returnof physical media are advantageously obviated. Even with an approachsuch as the well known Netflix™ service, the source (Netflix) mustgenerate the physical media and mail it to the user, who must then alsophysically package and return it via mail. The present invention has nosuch issues, in that only ephemeral transmission of the content occurs,much like a PPV or VOD selection process. However, the present inventionalso allows the owner to view the content as many times as they like,and whenever (and even from wherever) they like, without incurringadditional charges. Hence, their ownership is tangible in the sense thatthey exert control over the disposition and use of their content; yet,their ownership is also virtual in that they are not saddled with thedisabilities of owning such tangible media including inter gliaadditional costs of producing and transmitting the media, wearing (e.g.,scratches on the DVD) or other degradation of the media with time oruse, storage space, potential for theft, access control (e.g., undesiredaccess to DVDs of mature content by children), and so forth. Hence, theexemplary VCM architecture of the present invention in effect fuses thebest attributes of renting with those of physical ownership to provide ahighly flexible, cost efficient and user-customizable “virtual”ownership experience. This is all accomplished using primarily extantcapabilities within the MSO's or satellite provider's network, therebymitigating significant impediments to deployment.

As shown in FIG. 2, the exemplary embodiment of the VCM architecture 200generally comprises one or more content servers 202 (e.g., VOD orbroadcast servers), one or more storage devices 204, and one or moreingestion processing entities 206. These components generally cooperateto, inter alia, ingest, store, and distribute content over the network101. The exemplary embodiment illustrates a plurality of servers 202 andassociated storage facilities 204 arranged in a scalable, non-blockingand substantially redundant architecture that provide for a high degreeof parallelism (and capacity), as well as reliability and scalabilitybased on expanding needs. One exemplary system useful with the inventionis the Exastore™ system manufactured by Exanet, Inc., although otherdevices and architectures can be utilized. See, e.g., U.S. Pat. No.6,934,880 to Hofner issued Aug. 23, 2005 and entitled “Functionalfail-over apparatus and method of operation thereof”, incorporatedherein by reference in its entirety, which describes the aforementionedExastore system in detail.

In one embodiment, the storage devices 204 each comprise a redundantarray (e.g., RAID) device, and when coupled with the fault tolerance,self monitoring, self-healing, and automatic communication channelfail-over (in the event of a hardware or software failure or loss ofchannel) of the illustrated architecture 200, provide a highly redundantand reliable configuration.

Furthermore, while illustrated generally as a plurality of substantiallylocal components, the architecture of FIG. 2 can have one or morecomponents (such as e.g., the RAID arrays) disposed at a remotelocation, such as for the purpose of security. For example, in onevariant, the storage devices 204 are co-located and co-managed by acontent source (e.g., studio), which obviates separate storagefacilities for each the content source and the MSO.

In one embodiment, a physically secure storage facility is disposed atthe network head-end 150, in order to prevent the theft or surreptitiousaccess to the copyrighted and valuable content owned by theusers/purchasers.

In another embodiment, the “purchased’ content is stored at a contentsource provider facility (e.g., a studio's RAID or similar storagesite), and the content streamed or bursted to the MSO facility (e.g.,head-end or BSA hub) over virtually secure channels so as to maintaindata (content) confidentiality and integrity, as well as provide forauthentication and anti-replay protection. For example, one variant ofthis architecture uses well-known virtual private network (VPN)capability, wherein AES or similar encryption is used to encapsulatecontent packets for transmission over an untrusted or physicallynon-secure network (e.g., the Internet). Alternatively, a more secure ortrusted network infrastructure between the content storage location andthe MSO facility could be utilized. This infrastructure may be wired orwireless in nature, so long as it provides the desired data bandwidthand security capabilities.

In one such approach, requests to access content are processed by theMSO but serviced by content from one or more third party databases(e.g., the databases of studios or other content source can collectivelyact as the MSO's “virtual library”). Such servicing of content requestscan be effectively real-time, with any encoding, annotation, inclusionof metadata, etc. performed essentially on-the-fly (“just in time”processing) if desired.

The ingestion process 206 shown in FIG. 2 acts to receive content from asource (such as a web server, studio, etc.) and groom or process thiscontent into a format compatible with the MSO network. For example, suchingestion processing may comprise (without limitation): (i) decryption;(ii) authentication of the content source (to prevent, e.g., “spoof”attacks or providing false or surreptitious content); (iii) virus orother mal-ware screening; (iv) encoding, decoding, or transcoding; (v)protocol translation or encapsulation; and/or (vi) filtration, errorcorrection, or other conditioning of the content. Metadata or other suchancillary data may also be appended to or associated with the ingestedcontent, as described in greater detail subsequently herein.

FIG. 2 a illustrates one exemplary network logical topology 212according to the invention. Specifically, a client-server softwarearchitecture is employed to provide the “virtual content manager”functionality using, e.g., an object-oriented distributed application(DA) of the type well known in the art. As shown in FIG. 2 a, the serverportion 214 of the DA, which in the illustrated embodiment can alsofunction as the virtual content manager (VCM), is disposed at thehead-end 150 of the network (such as on a VOD server or BSA manager198), while the client portion(s) 216 are disposed at the premises CPE106 (or CD, discussed subsequently herein). The content source process218 is also in communication with the server portion 214, so that interalia the content source can coordinate transfer of purchased content (orcontent prior to purchase) to the MSO network, e.g., the RAID storage,for supply to the CPE 106. The DA client portion 216 of the exemplaryembodiment can communicate with the server portion 214 via any number ofdifferent channels including, e.g., an OOB upstream channel; in-bandupstream channel allocated for this purpose, or a TCP/IP DOCSIS channel.

Communication channels outside the MSO network can also be used, such asan ISP DSL, dial-up, T1, ISDN, or other such data or telecommunicationschannel. The server portion 214 may also be adapted to include aprotocol stack (e.g., TCP/IP) for communication via an Internet website,such as where the user can interface with the website via a mobile orremote device (e.g., WAP 2.0 enabled mobile handset) 220 to purchase thecontent, configure the various delivery parameters and optionsassociated with the purchase, etc.

It will be appreciated that the “client portion” 216 may alsoadvantageously comprise a portion of a VOD or PVR application, such asthose capable of utilizing LSCP or the like to control the streaming ofthe content. Hence, when using the VOD delivery mechanism, the sessioninitiation, control, and tear-down may be substantially similar to thoseof existing VOD systems. The client portion may also, however, beintegrated with other types of applications (e.g., EPG, WatchTV, etc.)as well if desired.

FIG. 2 b illustrates another exemplary embodiment of the network logicaltopology 212. Specifically, this topology includes a local serverportion 222 in communication with both the server portion 214 and theclient portions 216. The server portion 214 comprises a “parent” virtualmanager process that is also in communication with one or moredistribution server processes 224, the latter controlling thedistribution of the stored or streamed content to the purchaser. Hence,in this embodiment, the local server portion 222 of the DA functions asa proxy for the parent manager portion, thereby alleviating the latterfrom much of the burden of selecting, purchasing and downloading/playingthe content. Any interposed communication channels used in theembodiment of FIG. 2 a for server/client communications are accordinglyless loaded using the approach of FIG. 2 b, since the local (proxy)portion handles many of the operations. At least some communicationbetween the local and parent portions is typically required, such as forpurchase authentication (such as with a remote trusted authority),authentication of the local proxy to the parent, and so forth; however,this is reduced over that associated with the embodiment of FIG. 2 a.

FIG. 2 c illustrates yet another topology useful with the presentinvention, wherein one or more content source processes 218 are incommunication directly with the purchasers (e.g., MSO subscribers) via aclient device such as a mobile phone, PDA, PC, PMD, laptop, etc. Theclient device 228 (which may or may not include a client portion 220 ofthe DA) communicates 230 with the content source process 218 via, e.g.,the user's CSP or WSP, such as where a WAP 2.0 gateway is used, with thecontent source process 218 comprising the WAP peer to the mobile device.As is well known, the user's purchase data (e.g., billing information,MSO account number, CCN, etc.) can be passed via tunneled or encryptedpackets across an untrusted network such as that of the CSP (and theInternet if required), such as via WTLS security provisions in theexemplary context of WAP 2.0. The well known 802.1x and WEP/WPAtechnologies can also be utilized in conjunction with a RADIUS server,as can any other protocols and security features well known to those ofordinary skill.

Once the content source has completed the purchase transaction from theuser, it then utilizes the MSO-relevant information, and the illustratednetwork interface 232 to communicate 234 the content to the MSO, e.g.,the storage facility 236 shown in FIG. 2 c. For example, any number ofwell known message protocols (e.g., FTP or the like) can be used totransfer the content ideally at high speed to the MSO, along with thepurchaser's identifying information and any terms or conditions of thepurchase (e.g., finite duration, limited number of views, etc.). Thecontent may also be a “blank” (i.e., uncoded), or coded particularly forthe user's preference/equipment (this information which may bepreviously stored as part of the user's account; e.g., at the MSO serverportion or other such data repository).

This approach is desirable from the standpoint that the content sourcecan set its own business rules or policies, and simply communicateinstructions to the MSO on how to implement these policies. Thesecontent source policies may or may not be consistent with those of theMSO. For example, the MSO might offer certain content for sale (via,e.g., the topology of FIG. 2 a) under a first set of terms, while thecontent source offers the very same content for different terms, yetdelivers it over the MSO's network to the purchaser. To this end, a“parity” system can optionally be employed, wherein an algorithm runningwithin the VCM 214 can determine the MSO's offerings as compared to oneor more third party content sources, and match the MSO's terms andconditions to the “best” third party offering (or beat that offering),so as to provide the user with incentive (or at least no disincentive)to purchase the content from the MSO. In this fashion, the parityalgorithm of the present invention acts as an on-line “match the lowestprice” incentive that many retailers currently use for other goods orservices.

As used in this context, the term “best” may refer to the terms of onethird party source, and average or other compilation of multiplesources' terms, the aggregation of the most favorable terms taken from agroup of sources, and so forth.

Alternatively, the MSO can maintain a local copy or “library” of contentfrom the source 218, and the content source process 218 merelycommunicates the relevant subscriber and purchase information to the MSOserver portion 214, causing the server 214 to enable download orbroadcast of the purchased content to the subscriber. Again, this may beon the same or different terms than a comparable offering by the MSO, oranother content source.

When the user is ready to view their content, they issue a request 238to the MSO server portion, such as via any indigenous protocol (e.g.,LSCP in an exemplary VOD system), to which the server portion 214responds by initiating streaming (or broadcast) 240 of the content,after all necessary authentications and other requirements have beensatisfied.

Referring now to FIG. 2 d, yet another exemplary embodiment of thenetwork topology is described. As shown in FIG. 2 d, this configurationutilizes communications between the MSO subscriber's client device andthe third party content source for purchase of the content.Specifically, in the illustrated variant, the client device 228 firstcommunicates 244 with the MSO network via a DOCSIS modem 242 or othersuch interface, which then relays the communication to an externalnetwork (e.g., Internet) 246, which in turn passes the communication 248to the content source server 218. For example, the user's PC or WiFiconnected laptop at their premises can access the content source websiteusing e.g., the PC's browser and TCP/IP protocols, via the indigenousDOCSIS modem. In the illustrated example, the client device 228 and thecontent server 218 act substantially as peers, and the interposednetworks providing physical media and routing functions, although itwill be appreciated that other approaches may be used (e.g., such aswhere processing, reformatting or encapsulation, security wrappers, etc.are applied to the packets issued by the client device by theintermediate networks, routers, and gateways).

After the content source receives the communications from the clientdevice, it then communicates 250 with the MSO server portion 214 aspreviously described with respect to FIG. 2 c. The subscriber's clientportion 216 then subsequently communicates 252 with the server portion214, requesting e.g., streaming or broadcast of the purchased content.The MSO server portion (or its proxy) then streams or broadcasts thecontent 254 to the client portion 216, or a designated target clientdevice (e.g., one associated with a network or CD on the premises).

It will also be recognized that the use of a cable (e.g., HFC) networkas the basis of the illustrated embodiment can provide several salientbenefits and advantages over other modes of delivery, e.g., PC-basedstreaming or download over an IP network such as the Internet.Specifically, the cable system carried enhanced security as compared tothe Internet, the latter being a notoriously untrusted network having noindigenous security measures. In untrusted networks such as theInternet, users must “tunnel” packets across the network using a VPN orsimilar approach (e.g., secure sockets, TLS, or comparable transportlayer security), or provide application layer encryption or the like. Incontrast, the typical cable environment can be considered a trusteddomain and hence more difficult to “hack”, since it utilizes a varietyof physical security measures for at least portions of its physical run(e.g., the various links within the system utilize physical measures toexclude access, and/or protocol to preserve the security of the link).Cable systems also provide their downstream content in an encoded andmultiplexed stream, and can be configured to utilize application orother layer encryption protocols (sealers) such as AES or DES to ensureboth a) data and source integrity (i.e., assurance that the data has notbeen tampered with) and h) confidentiality (prevention of access byunauthorized parties).

Cable systems can also be configured to authenticate their users and/ortheir CPE 106 if desired, thereby assuring user integrity (i.e.,prevention of a false user standing in place of an authorized one, or“spoofing”). Such authentication may be via a SIM (subscriber identitymodule) or comparable approach, user PIN, link or other key (e.g.,public/private encryption key), RAND and SRES challenge/responseapproach, etc.

Additionally, the cable network in-band paradigm previously describedoffers the potential for significantly higher download speeds (i.e.,greater than 6 Mbps cable modem speeds), thereby reducing the timeneeded to download a given content to the user and accordinglyincreasing their satisfaction in using this service. It will further berecognized that even higher rate systems may be used consistent with theinvention, including those exceeding 1 Gbps, thereby providing a veryhigh speed download, and hence very low latency associated with theviewing or access processes described herein. With such low latency,this very-high speed download capability can support an alternatedelivery model to normal in-band streaming; e.g., download and playbackversus streaming.

Local Content Insertion—

It will be appreciated that while the embodiments of FIGS. 2-2 d areshown generally with the server portion (virtual manager function)disposed at the MSO cable network head-end 150, one or more of theillustrated components and/or processes can be disposed at otherlocations within the network, such as where the server portion/managerand virtual content database are disposed at a local hub site within aBSA network.

For example, in this alternate embodiment, once content has beenselected by the subscriber for delivery, the locally stored copy of thisselected content can be inserted directly into the hub delivery systemsuch as by, e.g., switching the BSA hub switch to include this contentstream issued by a local delivery device coupled to the local storage.Note, however, that even a VOD or other session-based architecture canuse this paradigm; e.g., by instantiating a VOD session using a localVOD server that is coupled to the local storage repository (e.g., at anetwork hub), as opposed to one disposed at the head-end 150.

These smaller local nodes can also be equipped to “fetch” purchasedcontent from a larger repository (e.g., the head-end 150, a third partystorage facility, content source, etc.) in the even that a particularcontent is requested that is not locally stored when requested. In onevariant, the high-speed download capabilities described in co-owned andco-pending U.S. application Ser. No. 11/013,665 filed Dec. 15, 2004 andentitled “Method and Apparatus for High Bandwidth Data Transmission inContent-Based Networks”, incorporated herein by reference in itsentirety, are utilized for this purpose, in order to reduce the latencyof this process. However, rather than a head-end server-to-CPE link, thepresent embodiment utilizes a head-end server-to-hub site server link.In-band downstream QAMs already instantiated for other purposes may alsobe used for this link.

Hence, this exemplary feature of the invention operates somewhat like aBSA network, in that it selectively “switches in” purchased content tothe local repository based on user activity/presence, yet makes contentthat is not switched-in at a given point in time readily available viathe aforementioned dynamic fetch/insertion process.

The techniques for minimizing the size of the stored content databasedescribed elsewhere herein are especially useful for configurationswhere the storage is decentralized or pushed out to the edge of thenetwork, such as for example those at the BSA hub site.

Broadcast Delivery Modes—

In addition to session-based modes, the virtual content delivery of thepresent invention may include broadcast modes including, inter alia,those over a broadcast switched architecture (BSA) such as thatpreviously described with respect to FIG. 1 c.

In one variant of this approach, the purchaser of content is given aspecial channel allocation to which their tuner is tuned (eitherautomatically or manually), somewhat akin to normal BSA operation wherea single user on a hub is viewing a program channel (thereby keeping it“switched in” for delivery at the hub switch), with the exception thatno other users on that hub are capable of tuning to that channel. Thisgives the purchaser exclusivity for their particular purchased content.The head-end or hub site (depending on whether a centralized or localcontent architecture is used as described previously herein), uponreceiving the user's request for viewing, spawns a broadcast of thecontent over the designated QAM channel(s), and instructs thatparticular user's CPE to tune to that QAM (or collection of QAMs in awideband tuner approach such as that described in co-owned andco-pending U.S. patent application Ser. No. 11/013,671 filed Dec. 15,2004 and entitled “Method And Apparatus For Wideband Distribution OfContent”, incorporated herein by reference in its entirety). Thesetuning instructions can be delivered via, e.g., an in-band or OOBdownstream message already indigenous to such networks.

However, unlike the exemplary VOD delivery paradigm previouslydescribed, delivery of the virtual content over the BSA network isbroadcast only, and hence does not provide the user with the PVR-like“trick mode” features normally associated VOD (e.g., pause, rewind,etc.). Accordingly, users viewing their purchased content over the BSAnetwork model will only be provided a PPV-like experience (except withunlimited viewings, and which can be instigated at any time of day).However, this “broadcast” deliver approach may be desirable for certainusers, including those which do not have VOD functionality as part oftheir delivery network or subscription package. Also, certain PMDs orother client devices (and their supporting infrastructure) simply maynot be able to effectively generate and relay upstream VOD commands(e.g., LSCP or the like), and hence can only view a broadcast deliveryof the content.

Moreover, the lack of the PVR-like features can be compensated for viaother mechanisms such as cost or other the provision of othercomplementary features or incentives. For example, the cost of purchaseof a content title (e.g., movie) for broadcast delivery may be setsignificantly lower than the fully-enabled VOD/session-basedcounterpart. Or, a purchaser of a VOD-enabled version of the content maybe given the opportunity to specify a “buddy list” which includes alimited number of family members, friends, etc. (whether for anadditional fee or otherwise) who can view the content, yet again only ona broadcast basis.

Accordingly, one variant of the invention allows the user/purchaser toobtain two or more versions of the content (although these may actuallycomprise one stored version, as discussed elsewhere herein), so thatthey, or their designated buddies if that approach is implemented, canselect the proper delivery paradigm for their current viewing context.This selection may also be made entirely automated, such as where theuser's PMD transmits configuration information upstream to the virtualmanager, which determines that the PMD is not VOD or session capable,and hence can only view a broadcast variant.

It will be recognized that while a BSA variant is described with respectto the foregoing embodiment, other types of broadcast paradigms can beused to fulfill the function of broadcast delivery of the virtualcontent.

It is further recognized that while the aforementioned embodiment of thebroadcast mode makes such broadcast user-specific, one or more othersubscribers or designated parties may be given access to the broadcastcontent if desired. For example, a user's family member who is remotefrom the user (e.g., on the road) can also receive the broadcast contentvia, e.g., a Slingbox type approach, or alternatively that described incommonly owned U.S. patent application Ser. No. 11/440,490 filed May 24,2006 and entitled “Personal Content Server Apparatus And Methods”(Attorney docket No. TWAR.047A/TWC 06-07) previously incorporatedherein, such as via an IP network and personal content server. Thisremote delivery can also be conducted from the local (e.g., BSA) hubsite if desired.

In another embodiment, the aforementioned broadcast delivery mode can beutilized in conjunction with a “start over” or similar feature, such ase.g., the exemplary “Start Over™” capability offered by the Assigneehereof in select markets in the United States. Specifically, suchstart-over functionality allows the re-initiation of delivery of aprogram (e.g., restart of a broadcast or other program) so thatsubscribers who miss the start or a feature of interest can restart thedelivery.

In the present context, this functionality may be implemented byproviding the subscriber with an application or client function (e.g.,client portion of the DA) that transmits a restart or similar commandupstream the relevant component of the VCM architecture 200 (e.g.,server portion 214 or its proxy) so as to re-initiate playing orstreaming of the broadcast content from the virtual storage locationpreviously described. In the local embodiments, this storage andretransmission may occur at the hub site or the like as opposed to thehead-end 150.

Alternate Delivery Paradigms—

It will be appreciated that the present invention may be used with,inter alia, “streaming” (e.g., an ongoing or running transmission ofcontent) and/or “download” (a complete or partial transmission ofcontent followed by a subsequent playback or use) modes of delivery. Forexample, one variant of the invention streams content such as videoaccording to a VOD or similar session-based protocol and with QoSrequirements. Alternatively, a download paradigm is used, such as fordownloading gaming applications, wherein a high-speed downloadcapability such as that described in commonly owned U.S. patentapplication Ser. No. 11/013,665 filed Dec. 15, 2004 and entitled “MethodAnd Apparatus For High Bandwidth Data Transmission In Content-BasedNetworks”, incorporated herein by reference in its entirety. Thishigh-speed download might be useful, for example, where the user haspurchased a large “virtual” application or database to which they desireaccess. So as to avoid having to store the application/data locally, thevirtual storage approach of the invention stores the application/data,at the bead-end, hub, etc., and then uses high-speed in-band download toprovide it to the subscriber upon request with very little latency.

As yet another option, the CPE 106 and/or local premises DVR or similardevice with sufficient storage or buffering capability can download all(or portions at a time) of the selected virtual content into temporaryor ephemeral storage, and then play it back for the subscriber. Ineffect, a virtual image of the virtual content is being made withinmemory or ephemeral storage on the premises device, somewhat akin toloading RAM of a PC with code stored on the HDD of the PC. Here, theequipment (CPE or DVR) is configured to dump the content after playingit or after a prescribed period of time, such as using a FIFO approach.In this fashion, only a temporary or ephemeral copy of the protectedcontent is made, thereby mitigating risk that it would be stored on amore permanent basis and reproduced without authorization. To this end,the downloaded content can also be encrypted, threaded withself-disabling data (e.g., if an unauthorized service domain attempts torecord or play back the content), or utilize other such mechanisms forfrustrating reproduction.

The foregoing temporary or buffered approach can also be madesubstantially opportunistic in terms of network downstream bandwidthusage, since the buffering or storage at the subscriber's premisesallows for a range of delivery rates and schemes, including: (i) burstystreaming, wherein blocks of content are downloaded at high speed in anon-contiguous fashion; or (ii) block high-speed download and replay.

Hence, under scenario (i), non-contiguous blocks of relatively highbandwidth are required. Under scenario (ii), a single continuous blockof very high bandwidth is required. The head-end server delivering thecontent (e.g., VOD server 105, application server 104, or otherwise), inconjunction with the VCM 214 (or autonomously once the content downloaddecision has been handed off to the relevant server) therefore has theoption to opportunistically use available bandwidth, even switching backand forth between these schemes in the same download, in order to avoidcontention or achieve other operational goals (or accommodateoperational conditions such as equipment failures or bottlenecking). Forexample, if sufficient bandwidth for the “high speed block” approach(scenario (ii)) is not available at the time download is to commence,then the lower-bandwidth non-contiguous block or (real time) continuousstreaming approaches can be used. However, where a sufficiently largewindow of available bandwidth opens, the download to the temporarystorage on the subscriber premises equipment can be invoked. This latterapproach has the advantage of freeing up bandwidth more quickly, sincethere is less stranded bandwidth (i.e., unusable due to its timing orplacement on a given QAM) as the algorithm in effect uses up strandedbandwidth blocks to complete the content download as rapidly aspossible.

The aforementioned accelerated bursty approach also allows for a“rolling start” to a video; i.e., starting playback off the local(temporary) storage medium before all of the content has been received.This approach can reduce latency to the subscriber, since the playbackneed not wait for the download to complete, generally comparable to astreaming approach, yet with playback independent of the CPE tuner.

Other types of bearer mediums can also be used consistent with the cablesystem. For example, in one alternate embodiment, the requested data orcontent is streamed out-of-band (OOB) using the cable system's extantOOB infrastructure. While this path has typically much less databandwidth, it is also far less loaded than in-band channels (QAMs).Alternatively, a hybridized approach can be used as previouslyreferenced, such as where the data/content is sent in-band, yet whereall or a portion of the communications necessary between the head-endand the CPE necessary to perform the purchase are carried OOB.

It will also be appreciated that different carrier and/or multiplexingschemes can be used for the delivery of content or data consistent withthe present invention, the latter being largely agnostic to its bearermedium. While some of the exemplary embodiments herein are describedprimarily in terms of an OD infrastructure adapted to transmit data overa single physical channel (e.g., 256-QAM modulated carrier) at any giventime, it will be recognized that this “physical channel” may actuallycomprise one or more carriers. For example, in one multi-carrier variantof the invention, the content/data is streamed over multiple physicalcarriers according to a multiplexing algorithm such as that described inco-owned and co-pending U.S. patent application Ser. No. 11/013,671filed Dec. 15, 2004 and entitled “Method And Apparatus For WidebandDistribution Of Content”, incorporated herein by reference in itsentirety. Under this approach, the data of a given TS can be multiplexedacross a plurality of physical carriers, with the multiplexed signalbeing reassembled at the CPE 106 using a wideband tuner (or a pluralityof related tuners). Information from the head-end as to the multiplexingscheme and channels used is provided to the CPE in order to enable it tode-multiplex (and decode) the multiplexed transport stream. Hence, forthe purposes of the present invention, the aggregation of multiplexedchannels acts like a single QAM.

As yet another option, two or more QAMs within the network can beestablished simultaneously (as part of a single session, oralternatively two distinct but related sessions) to achieve one or moredesired objectives, such as an increased download speed or statisticalmultiplex pool size.

Virtual Data Storage—

It is also envisioned that, e.g., “virtual hard drives” can bemaintained for subscribers of the aforementioned networks (or otherdesignated users), thereby giving their CPE 106 or CD (and any connecteddevices) literally terabytes of storage that they could not otherwisehave using their home PC, etc. This can be used for any number ofdifferent reasons, such as: (i) purely for archival or back-up purposes,(ii) to permit access to a data volume by multiple MSO subscribers,(iii) to maintain the security of the data (i.e., when no local copy ispresent at the subscriber's premises, theft of their computer from thepremises is much less troubling), or (iv) merely to provide thesubscriber with storage volume that they could otherwise not obtain.Depending on the bandwidth allocated to the download (e.g., a “burst”mode with ultra-high downstream bandwidth), the access latency can bekept quite low.

This capability becomes increasingly significant with respect to PCs andmobile computerized devices, some of which are now migrating towardoperating systems and applications that are stored entirely on removablemedia (versus the hard drive of the PC, etc.). Hence, using theaforementioned “virtual” hard drive and content storage capabilities,the content and operating system of the subscriber's PC or mobile devicecan reside entirely off-device, including at the MSO head-end or othersuch location if desired. Moreover, the data volumes for each subscribermay be encrypted, authenticated, and made physically secure, therebyproviding a level of protection that exceeds that of the normal home PC,PMD, or the like.

These data volumes or “virtual hard drives” can also be made part of abusiness paradigm; e.g., wherein the user pays a fee (such as on aper-Tb used) or subscribes for X terabytes of storage space for a givenperiod of time.

Methods—

Referring now to FIG. 3, an exemplary embodiment of the generalizedmethod of storing and delivering virtual content over a network isdescribed. It will be appreciated that while the following embodiment isdescribed primarily in terms of an on-demand (OD) “session” based modeldelivering content over an in-band channel, the present invention isequally adapted to non-OD models such as broadcast (described in detailsubsequently herein), data/content download via a cable modem (e.g., IPtransport modality), out-of-band (OOB) communications channel, etc., theVOD exemplar being merely illustrative of the broader principles. Forexample, one alternative is to use a cable (e.g., DOCSIS) modem orhigh-speed data (HSD) link of the type well known in the networking artsto download the content for playback on a connected device such as a PCor DSTB with the proper decoder. A high data-bandwidth wireless channelsuch as a broadband satellite or millimeter wave channel, can also beutilized. Portions of the downloaded content (or any associated metadataor other related data such as annotations or personalizations, describedsubsequently herein) can also be transmitted via separate homogeneous orheterogeneous channels if desired. Myriad different approaches can beused with the present invention, the latter being functionally agnosticto the modality used for content/data delivery.

In a first step 302 of the method 300, the desired content is madeavailable for purchase, and purchased by a user (e.g., MSO subscriber).As described in greater detail subsequently herein, this purchase may bepursuant to a user request for the content (or a listing of theavailable content) instigated from the CPE 106 or a client device, ormay be as a result of interaction with a third party (e.g., contentsource) web server, operator or other such network agent.

Next, per step 304, the purchased content is delivered to the storagefacility (if not already there), and the content stored.

Lastly, per step 306, the purchased and stored content is delivered tothe target device (e.g., customer CPE 106 or client device) via acommunication channel. Upon receipt, the target device either conductsplayback of the content, such as the playing of an MPEG-2 stream, oralternatively the playback of a compressed video file downloaded at highspeed, or even the installation and execution of an application.

It will be appreciated that the delivery of the purchased content mayoccur immediately, e.g., immediately after or even contemporaneous withstorage, and/or may occur at a subsequent time or date, depending on thepurchaser's preferences.

Moreover, the downloaded content may be optionally disposed onto arecording medium at the user's premises; see, e.g., U.S. patentapplication Ser. No. 11/080,693 filed Mar. 14, 2005 and entitled “MethodAnd Apparatus For Network Content Downloading and Recording”, previouslyincorporated herein, which discloses exemplary download and recordingmechanisms for use in, e.g., a consumer premises or enterprise.

Referring now to FIG. 3 a, one exemplary embodiment of the user purchasestep 302 of FIG. 3 is described in detail. As shown in FIG. 3 a, themethod of purchase comprises first providing the user with a listing ofavailable content, comprising e.g., one or more entries corresponding todifferent content titles, encoding formats, features, purchase options,and so forth, via a user interface. For example, one variant of theinvention utilizes an on-screen display or GUI, generally similar to thewell known electronic programming guide (EPG), that lists the variouschoices available for purchase. These might be indexed by category(e.g., feature length movie, gaming application, video “shorts”, music,etc.), and sub-indexed by genre (e.g., comedy, drama, etc.),alphabetically by title or primary actors, etc. Alternatively, a usermight simply be presented with a short GUI menu or pop-up displaymechanism (e.g., window) listing new releases for that week or month.The user interface can be invoked in response to a user request, such asfor example by selecting a button on the user's remote that interactswith their CPE 106, at a pre-designated periodicity (e.g., once perweek), upon the occurrence of a particular event (e.g., new release), orat the instigation of the MSO, although myriad other approaches will berecognized by those of ordinary skill.

It will be appreciated that such user interface is not limited to theMSO network domain either. For example, as described in greater detailsubsequently herein, the user interface may comprise part of a PMD ormobile device (e.g., PDA or smartphone), which can access the MSOvirtual database manager from a remote location or network.

Next, per step 312, the user designates one or more content items forpurchase, such as by selecting one or more interactive elements on theEPG, GUI menu, etc. Exemplary user interfaces, on-screen menus andrelated functions generally useful with the present invention are shownand described in U.S. patent application Ser. No. 11/080,693 filed Mar.14, 2005 previously incorporated herein (see, e.g., FIGS. 2 b-2 etherein), although it will be appreciated that any number of otherapproaches may be substituted or combined with those described herein,including e.g., speech recognition and text-to-speech interfaces. Forexample, a “one button” approach, such as a select-to-order icon, can beemployed for streamlining purchases. In such a case, various menu stepsare obviated, thereby making the selection and payment process easierand more enjoyable for the user. In another variant, most or all of theordering functions are disposed on a common menu.

Once the user makes their selection(s), this information is transferredto the virtual content manager (e.g., server portion 214) via anupstream communication channel, DOCSIS modem, ISP connection, or othermodality appropriate to the user's situation. The user's selection(e.g., availability) and payment information are then validated (step314, such as by the VCM 214 accessing a subscriber database associatedwith that user (as determined by, e.g., TUNER ID, MAC, or otherinformation uniquely identifying the requesting CPE/subscriber.

Menus or other user interfaces may also be generated for receiving userpreferences (e.g., format, particular versions of the same content,codec selection, and so forth). This information can be transmitted tothe VCM 214 at time of selection, or alternatively at another time (suchas being pre-stored in a configuration file disposed in the head-end orother location directly accessible to the virtual manager).

Advantageously, the present invention may be used consistent with anynumber of different payment options, including for example: (i) paymentvia billing to the user's existing cable subscription (whether based ona monthly fee, a “per-purchase” paradigm similar to PPV, trial basis, orother), (ii) direct payment via a credit/debit card (e.g., wherein theuser enters their credit/debit card directly, or has it stored in asecured location for easy recall), or (iii) via an electronic paymentservice such as “PayPal” or the like. The selection may also be made aspart of a promotion or in exchange for services by the user, such aswhere the user agrees to submit a review of the film (or the serviceitself) in exchange for “virtual” access. Models based on user discountor promotional codes are also envisaged.

It will be recognized that a preview or other sampling of the targetcontent may also be employed as part of the method of FIG. 3 a. Forexample, the user may be given an opportunity to watch a short trailer,or selected vignettes from the content, before having to commit to apurchase (see discussion of exemplary embodiments elsewhere herein).They may also optionally be given the opportunity to consult rating(e.g., user ratings) data or other sources of information which may helpfaun the purchase decision.

Referring now to FIG. 3 b, one exemplary embodiment of the contentstorage method (step 304 of FIG. 3) is described. In this embodiment,the user's content selections and preferences, which may be receivedeither at time of purchase or pre-stored (as previously described withrespect to FIG. 3 a), are received by the VCM 214 per step 320. Ifannotation or personalization of the content as described elsewhereherein is required (step 322), the user can then optionally be providedwith the editing/personalization environment for such tasks using e.g.,their CPE, PC, CD, or PMD (step 324). This environment may be downloadedto the user directly, obtained from a third party site, or if already inresidence, merely activated such as by downstream communication from theVCM.

If/when the user has entered their desired annotations orpersonalizations, this information is transmitted upstream (e.g., viaOOB message, DOCSIS modem, etc.) to the VCM, and stored in a file withinthe content database, that is associated with the selected content (step326).

Per step 328, the selected content is optionally encoded or recoded asrequired (e.g., such as where the content requires encoding into theformat requested by the user), and then stored within the virtualdatabase (step 330) for subsequent access. The content can alternativelybe coded “on the fly”, such as immediately preceding streaming over aVOD session.

Note that the storage of step 328 need not necessarily occur at thisstage of the method 300 (or at all); rather, another variant of themethod allows the VCM to merely identify the subscriber as a validpurchaser, hence permitting them access to content that has already beenstored. Contemporaneous storage may be used, however, where the contentis new to the virtual database, or otherwise must be modified, such asfor a specific purchaser's preferences. Along these lines, the presentinvention optionally utilizes a storage optimization algorithm which ispart of the VCM architecture 200; i.e., rendered as a computer programrunning within the architecture, such as on a virtual content server,VOD server, SRM, etc. This optimization algorithm is structured to storecontent in a more space-efficient and operationally efficient manner.For example, in one variant of the invention, common titles virtuallyowned by a plurality of subscribers are stored as a lesser number offiles or data structure within the database in order to avoid unduereplication of identical content. Should the owning users requiredifferent encodings, apply different personalizations or annotations,and so forth, these differences are applied when the content is calledup for access by the particular users. The algorithm can also beconstructed to dynamically manage and vary the number of copies ofcontent accessible by users as a function of one or more otherparameters including, e.g., time of day, historical demand for thattitle as a function of date/time, number of virtual owners of thatcontent whose CPE are presently on the network (as determined by theirTUNER ID, MAC, upstream messaging, etc.), and so forth.

As part of step 304, the user can optionally be notified that his/herselected content or data will be available for viewing or access oncethe transaction is authorized. As part of this notification, the usermay also optionally be provided any cryptographic data (e.g., key seeds,public/private key pairs, challenges/responses, etc.) required tocomplete the viewing and decrypt the content if encrypted. Thiscryptographic data may also be sent via a separate data channel (e.g.,OOB or IP) in order to minimize the chance of interception of both thecontent and the crypto by a single entity.

Referring now to FIG. 3 c, one exemplary embodiment of the contentdelivery method (step 306 of FIG. 3) is described. In this embodiment,the user provides to the VCM one or more content selections andpreferences for content they have previously purchased, such as via amenu selection of an EPG or on-screen guide. The VCM receives theselection(s) and delivery preferences (if any) per step 332, and thenauthorizes the delivery (step 334). This authorization may includeverification that the content is ready for release (i.e., the value ofthe stored REL_DATE or comparable parameter is exceeded by the currentsystem clock coordinates), as well as authentication of the CPE or otherdevice requesting delivery. This authentication is useful in preventing“spoofing” of the VCM, such as by another device masquerading as a validsubscriber CPE. Methods and apparatus for performing such authenticationare well known in the art, and accordingly not described further herein.

Next, per step 336, the user's selections/preferences are used as thebasis for selecting the proper variant of the content (e.g., wheremultiple different variants are present). For example, the virtualdatabase may contain different variants encoded into MPEG-2, MPEG-4, andReal formats. Or, the database may contain the original release of afilm, and a subsequent enhanced re-release. If any modification orconditioning of the stored content is required (such as recoding,encryption, compression, etc.), this is also performed per step 336.

Per step 338, any annotations, personalizations, or other additions tothe content are inserted. In one variant, this process comprisesaccessing an associated data or metadata file for that content andspecific to the requesting purchaser, and “inserting” this secondarycontent into the primary or requested content. It will be appreciatedthat any number of different techniques can be utilized for suchinsertion, including for example: (i) merely transmitting thedata/metadata file to the requesting CPE/CD/client as a separate datastructure, and allowing the indigenous processing and software of theCPE/CD/client to unpack the file and insert the data/metadata asappropriate; or (ii) performing the insertion of the data/metadatadirectly into the media stream during streaming, such as based on SIreferences or other coordinates referenced to the media. For example, asdiscussed elsewhere herein, one aspect of the invention comprisesreceiving user annotations or personalizations via an editing/authoringsoftware environment, with this data referenced to particular portionsor scenes of the content. Hence, the VCM can access the file containingthis data at time of streaming, and insert the necessary data at theprescribed locations, thereby providing the user with a seamless (andpersonalized) viewing experience, with the annotations actually presentin the content as viewed. Alternatively, a software application runningon the CPE/CD/client is utilized in another exemplary embodiment to takethe required actions specified by “markers” associated with the streameddata; e.g., generate a pop-up window on the user's display that containsthe annotations. Myriad different schemes for generating user-customizedcontent will be recognized by those of ordinary skill, and accordinglyare not described further herein.

Various other types of functionalities may be included within thedata/content delivered to the purchaser. For example, in one embodiment,digital copyright data is included within the recorded data/content,such as well-known digital watermarking data of the type authorizedunder the United States Digital Millenium Copyright Act (DMCA). Forexample, Digimarc®, SysCoP™, EIKONAmark™, and other similar commerciallyavailable watermarking approaches can be used. Media rights managementsystems such as the Microsoft Windows' Media Digital Rights Manager, maybe used as well. Various types of steganographic approaches may also beemployed consistent with the invention in order to enforce copyright andprovide the copyright owner with accountability and/or trace-ability ofreproduced versions of their copyrighted material.

In one embodiment, the digital rights management (DRM) insertion occursat the content source, before delivery to the MSO network. In anotherembodiment, the DRM is inserted by the MSO after receipt of the content;e.g., (i) before storage; or (ii) after storage but before transmissionto the requesting user(s).

In yet another embodiment, the DRM insertion occurs at the user's CPE orCD, such as by way of the methods and apparatus described in U.S. patentapplication Ser. No. 11/080,693 previously incorporated herein.

In another aspect of the invention, a user-specific DRM insertionprocess is utilized, such that the DRM content (e.g., watermark,steganographic data, etc.) inserted into the purchased content in auser-specific fashion that can be used to trace the origin of thecontent. For example, a cryptographic public key portion and data, orother such mechanism, can be embedded into the content without notice ofthe user; this data will be reproduced as part of the surreptitiouscontent copying, thereby also being present in the media on which thecontent is copied. This approach provides significant copyrightprotection and law enforcement capabilities, since it basically acts asa pointer to the individual or account from which the content wasobtained.

Lastly, per step 340, the content is transmitted to the requestingpurchaser's CPE/CD/client, such as via a session between the contentserver and the CPE (e.g. VOD) that transmits the content over one ormore in-band downstream QAMs. Alternatively, delivery may occur via abroadcast (e.g., BSA) mode, an IPTV (e.g., MPEG over IP) mode, viasatellite link, or any other mode having suitable bandwidth and qualityof service (QoS).

Delivery may also occur to remote or visited networks; e.g., to clientdevices that are outside the MSO or “local” delivery network, Co-ownedand co-pending U.S. patent application Ser. No. 11/440,490 filed May 24,2006 entitled “Personal Content Server Apparatus and Methods”, which isincorporated herein by reference in its entirety, discloses exemplaryapparatus and methods for delivery of content to remote client devicesand networks, although it will be recognized that other apparatus andtechniques may be used for this purpose.

In other variants, a user session based on the Session InitiationProtocol (SIP) is used for delivery, whether with the same or anotherbearer medium such as a non-VOD approach, or a WAP Wireless SessionProtocol (WSP) session disposed on a handheld device, and so forth. Itis noted that in such SIP or WAP variants, the initiating device neednot necessarily be the target device (e.g., DSTB) to which the contentis streamed. Rather, the SIP or WAP-enabled device can act as a sessionproxy for the DSTB or other target CPE, such as where the user utilizestheir SIP-enabled PDA to communicate with a head-end or othercontent-providing network entity to establish the download session. TheVOD session is selected in the illustrated embodiment, however, since itadvantageously comprises an already-installed service base therebyrequiring little modification or infrastructure upgrade to implement thecapabilities of the present invention.

Accordingly, it will be appreciated that the methodology of FIG. 3advantageously is substantially agnostic to the bearer medium, andamenable to redirection (i.e., purchasing, customizing, and receivingthe content can all be conducted at different locations or usingdifferent platforms). For example, the user might purchase the contentusing their mobile PMD or PDA, view and add annotations via their homeCPE (DSTB), monitor, remote, and allow another family member or “buddy”to view the content using a laptop or PMD via e.g., IPTV delivery,“slingbox” delivery at a remote location, or delivery at a remotelocation via the methods and apparatus of U.S. patent application Ser.No. 11/440,490 filed May 24, 2006 previously referenced (e.g., via apersonal content server disposed at the head-end or BSA hub).

The aforementioned VOD or other session (or user-specific broadcast inthe BSA variant) per step 340 may be initiated promptly, e.g.,automatically upon authorization of the transaction, or alternatively atanother time selected by either the MSO or the user (such as, e.g., at apre-determined day or date when the content is to be released).Similarly, if the target CPE (e.g., DSTB) has multiple RF tuners and oneis available, data/content streaming or download can be initiatedimmediately, or as soon as a tuner becomes available when all areinitially in use. Likewise, if the CPE has a single tuner, thedata/content streaming or download is initiated when that single tuneris free.

The foregoing transmission or delivery logic can also be masked withother requirements if desired, such as where both a free tuner and thepermitted viewing start time falling within a prescribed temporal windoware required (i.e., viewing or access is valid only for a certain“aging” period), or where the user acknowledges a splash screen orcomparable mechanism acknowledging the copyright of the content to beviewed (akin to a physical DVD, where the user's DVD player controls areineffective during the copyright notice portions), and the restrictionson its use. Masking may also be based on network status or bandwidthavailability, such as where the session will not be instantiated untilsufficient bandwidth is available to provide a sufficiently highassurance of completing the streaming or download. Myriad otherfunctional masks of the type well known in the networking arts may beused as well consistent with the invention.

It will also be recognized that the transmission of the data may alsoemploy such error detection/correction functions, such as where a cableor satellite network uses turbo codes or Viterbi code/decode for FEC ofthe data streamed over the bearer medium.

P2P—

In another exemplary embodiment, the MSO (or a content provider such asa studio) can distribute content including e.g., films and TV shows overthe Internet using peer-to-peer (P2P) technology. In one such variant, a“file swarming” technology of the type known in the art, such as forexample that marketed by BitTorrent, Inc., which uses assembles filesfrom separate data downloaded from other computer users or sourcesaccessible via the Internet.

In one business model, purchase or rental of such “swarmed” content canbe made available on the same day as the content becomes available onretails DVD, similar to other approaches described elsewhere herein.This purchased content may also be reduced to a tangible medium, such asusing the premised recording techniques described in U.S. patentapplication Ser. No. 11/080,693 previously incorporated herein.

In one exemplary implementation of the aforementioned peer-to-peerapproach, the speed of downloading content to a particular subscriber issubstantially dependent on how many other individual computers in thenetwork have that content. The more computers, the faster the process.Hence, as more computers on the network (e.g., Internet) are seeded withthis content, the faster the process becomes. To this end, the MSO orcontent source can also intentionally seed certain computers withcontent, for the sole purpose of accelerating download. Thesedistributed “content nodes” can be physically and/or logically securedif desired, and maintained by the MSO or source, so as to avoid thecontent being provided from unknown users on the Internet. Specifically,the use of known-good-nodes (KGNs) not only reduces threat ofunauthorized content copying and manipulation, but also gives a level ofsurety to the MSO and source that the content that a subscriber receivesthat is assembled from components stored at the nodes is not degraded inquality, infected with viruses or other malware, etc.

In another variant, the head-end or hub virtual storage systempreviously described with respect to FIG. 2 can also be configured toact as the distributed nodes of the swarm network base.

Dynamic Coding and Configuration—

As previously described, one variant of the invention utilizes a reducednumber of “generic” copies of the content retained for each user/owner(or shared among multiple users/owners); these generic copies are storede.g., at the head-end 150, BSA hub, etc., and distributed as requested.The generic content can be stored coded (e.g., MPEG-2 encoded), oralternatively can be dynamically coded (or recoded) for the codeccontext which the user request has been issued from. See, e.g., co-ownedand co-pending U.S. patent application Serial No. 11/363,577 filed Feb.27, 2006 and entitled “Methods and Apparatus for Selecting DigitalCoding/Decoding Technology for Programming and Data Delivery”,incorporated herein by reference in its entirety, for exemplaryapparatus and methods by which such dynamic coding may be conducted.

The foregoing dynamic coding approach advantageously allows thesubscriber to view the content in two or more formats depending on whichdevice they are using for download/playback. For example, if the user'sfirst request is issued from their DSTB context, an upstream message orother communication can be used to signal the head-end server processthat an MPEG-2 decoder is in use on the DSTB, and hence the contentshould be coded into MPEG-2 (if not already done) before transmission.Alternatively, if the user is requesting download to their laptopcomputer or PMD e.g., via a WiFi or PAN interface, or via personal videoencoder (PVE) such as a Slingbox or personal Content Server, then theserver may need to encode the content according to another context(e.g., AVC or Real format) appropriate for those other devices.

The aforementioned signaling may also be manual; e.g., wherein the userchecks a box or otherwise states their preference for the content formatwhether at the time of request or otherwise (e.g., via a “preferences”or setup menu).

This approach provides the user with a capability not present in priorart “tangible” rental or purchase paradigms; i.e., the ability to obtainmultiple formats particularly encoded to their current context, thelatter which changes as a function of time. Hence, the user need not buyor rent a physical medium having one encoding for one device, andanother encoding for a different device; the stored “blank” of thecurrent invention can be dynamically recoded any number of times basedsimply on the user's request (see discussion of FIG. 3 c above).

This dynamic configuration approach can also be extended to theconditional access (CA) and network interfaces associated with deliveryof the content, such as via the exemplary methods and apparatus ofco-owned and co-pending U.S. patent application Ser. No. 11/363,578filed Feb. 27, 2006 and entitled “Methods and Apparatus for SelectingDigital Access Technology for Programming and Data Delivery”, and Ser.No. 11/364,147 filed Feb. 27, 2006 and entitled “Methods and Apparatusfor Selecting Digital Interface Technology for Programming and DataDelivery”, respectively, each of the foregoing being incorporated hereinby reference in its entirety. For example, one user/owner device mayhave a Powerkey or similar CA capability, while another is enabled fordownloadable conditional access (DCAS) within its trusted domain.Accordingly, the head-end server process can configure the CA aspects ofthe content as appropriate for the relevant CA context, and also triggerother processes (such as DCAS download, key negotiation, etc.) necessaryto facilitate the playback of the requested content. In this regard, theserver process can be made “self healing”; i.e., where the requestingclient domain or device is not properly configured to play back thecontent, the necessary configuration changes can be institutedautomatically to provide a seamless appearance to the user.

Similarly, where the user's network interface requires selection and/orreconfiguration, this can be accomplished as well. For example, if theuser requests a content download via an in-band QAM, but all QAMscapable of servicing that user are at or near capacity, the serverprocess may dynamically choose to route the content through a DOCSIS QAMfor delivery to the user's cable modem (which can then be routed to theuser's output or display device via the converged premises device (CD)described subsequently herein with respect to FIG. 6, or alternativelyan in-band tuner can be instructed to tune to the DOCSIS QAM).

Updates and Changes to Content—

In another aspect of the invention, the stored content can be subject toan “auto-update” or other update feature, wherein when such content isre-released (e.g., with director's commentary, as an anniversaryedition, colorized, etc.) or remixed, the user can optionally be giventhe new version automatically (or at least presented with the option ofobtaining the newer version). This feature can be offered under anynumber of different business models including for example beingcomplementary (e.g., included within the purchase price), made as partof a subscription package, included as part of a short-term incentiveplan, provided only after payment of an additional fee, and so forth.The user may also be offered the opportunity to keep multiple versionsin virtual storage if desired.

To the degree that the differences in the various versions of thecontent can be cleanly identified and separated, the present inventioncontemplates saving one copy of the generic content, and then alsosaving these differences as a separate file or data structure, therebyobviating storing two complete yet slightly different versions of thesame content. In one variant, the VCM process evaluates the content upondelivery from the content source (including, e.g., any metadata or otherinformation provided therewith for such purposes) to identifydifferences between the new version and the existing version. Thesedifferences are extracted and saved as a “difference” file, which canthen be integrated with the generic content when delivered to a clientrequesting the newer version. For example, a newer version of a moviethat has director commentary or “how it was made” trailers or the likecould simply have these additional components added onto the front orback end of the prior version before delivery, thereby presenting aseamless transition to the user.

Privacy Mechanisms and Content Authorities—

So as to maintain anonymity of user purchases (i.e., prevent tying aparticular user to particular content purchases and possibly raisingprivacy issues), another embodiment of the invention uses one or morenetwork variables for associating of the content and the purchaser. See,e.g., co-owned and co-pending U.S. patent application Ser. No.11/186,452 filed Jul. 20, 2005 entitled “Method And Apparatus ForBoundary-Based Network Operation”, incorporated herein by reference inits entirety, wherein variables such as TUNER ID, TUNER USE, MAC, and soforth are used to anonymously yet specifically correlate activities to aparticular CPE or client device. Hence, under such an approach, thepurchasing or requesting user's CPE or client device would issue aparameter (e.g., TUNER ID or MAC) that would be maintained at thehead-end, hub site, etc. and ultimately coded into the transmittedcontent in the form of steganographic data. With the proper private keyportion, for example, law enforcement could decrypt the embedded data toretrieve the TUNER ID, MAC, etc. of the originating subscriber. Thiscould then be presented to the MSO, who could then, under proper legalcontrols, identify the identity of the subscriber as warranted. See,e.g., U.S. patent application Ser. No. 11/440,490 filed May 24, 2006{Docket No. TWAR.047A} previously referenced, which describes variousapproaches for maintaining anonymity of subscribers, as well as for thecontent association such as for example using an “end-to-end” anonymousassociation between the subscriber and the content they have purchased,that can be used consistent with the virtual content purchase orselection approach of the present invention.

In another aspect of the invention, a third party content sourcedatabase or other such data repository is used to determine whether agiven subscriber or entity (which may be anonymous by virtue, e.g.,identification or association of the subscriber's CPE/CD/PMD with thepurchased content instead of their actual physical identity) haspurchased particular content. For example, in one variant, the userregisters with the content source such as during an on-line Internetpurchase via the content source website. This information is maintainedby the content source and, through agreement or cooperation between theMSO and the content source, provided to the MSO when the latter receivesa “remote” request for content from one of its subscribers. Hence, thecontent server at the head-end or BSA hub can authenticate the user, andalso access the content source database to determine if the content hasbeen previously purchased by that user. A correlation table or similardata structure can be maintained by the content source, MSO, orcombination thereof, which correlates the various devices under asubscriber's MSO account or otherwise associated with the subscriber.

In another variant, two or more content sources (e.g., copyrightholders) may create an accessible database (“Content Authority” or CA)for content purchases, somewhat akin to the centralized trustedauthority (TA) architecture used for authentication and securitypurchases. The CA can then act as a local- or even national-levelclearinghouse for remote content requests from MSO subscribers. Thisapproach provides a substantially centralized point (or points) ofaccess for network operators of varying types and configurations, sothat they may process requests for content from “remote” locations orentities in a timely fashion, thereby also potentially relieving the MSOof having to store data and information relating to content purchases ordownloads. U.S. patent application Ser. No. 11/440,490 filed May 24,2006 {Docket No. TWAR.047A} referenced above describes exemplaryembodiments of such content authorities for use in, inter alia, cable orsatellite networks.

Dynamic Database Shaping—

It will be appreciated that the composition of the virtual contentdatabase previously described can be varied dynamically orprogrammatically. For example, the content of the database may be basedon user CPE 106 or PMD activity; e.g., such as where for a plurality ofsubscribers, the VCM/head-end server, BSA server or other managemententity can gather information relating to currently active users withinthat population, and adjust the contents of the virtual storage based onthe previous purchases of content by that population.

In one embodiment, “purchase statistics” are maintained for those usersusing the network (which may also be collected and parsed for users on agiven hub or other subset of the network, e.g., service group), and thevirtual content database adjusted to best service that population. Forexample, in one approach, the techniques described in co-owned andco-pending U.S. patent application Ser. No. 11/186,452 previouslyincorporated herein, are used to uniquely but anonymously correlateusers and their content based on e.g., TUNERID, MAC, or other suchCPE-specific parameter. This approach advantageously maintains userprivacy (no specific user is correlated to a specific content title),yet allows for correlation of CPE or client devices with content. When auser's CPE or client device is activated, information uniquelyidentifying that CPE/device is transmitted to the virtual databasemanager, which correlates that unique information to one or more itemsof purchased content.

For example, a subscriber's virtual database record might contain theinformation shown in Table 1, including the TUNER ID variable for thatsubscriber's CPE, any corresponding MAC address (for that CPE or clientdevices associated with that CPE, such as on a home coaxial network),and any content “purchases” to date (here, indicated by an arbitrary7-digit catalog number or identifier variable named PUR_CONT):

TABLE 1 Corresponding MAC or Purchased Content Tuner ID (Tuner_ID) MACs(MAC) (PUR_CONT) {Tuner ID} {MAC address for 1003475, 2443568, Tuner ID}1762003As these TUNER IDs or MAC's are registered on the network, indicatingthat the associated CPE is in use, the virtual database manager canaccess the PUR_CONT variable and queue these entries for loading intothe virtual database if not already there, based on the expectation thatthe user may wish to view one or more of their purchased content items(as compared to viewers whose CPE are not presently active on thenetwork).

This feature can also be used in a content-specific manner; e.g., suchas where the specific correlation to the content is used as the basisfor a statistical or other such analysis. For example, where exemplarycontent “A” (e.g., Movie A) has been purchased by the greatest number orfraction of the current active population (such activity as determinedby TUNER ID, MAC, or some other parameter), and Movie “B” by the nextgreatest number/fraction, and Movie “C” the next greatest, and so forth,the virtual manager process selectively loads the virtual storage with(or otherwise selectively makes available, such as by selectivelyencoding, etc.) these movies A, B, C, etc., since those are most likelyto be viewed based purely on statistics. This technique is particularlyuseful when storage space is limited, such as where a plurality of“local” virtual storage nodes (e.g., at each BSA hub site) are used.

Alternatively, the latency or priority in serving requests for A, B, C,etc. can be adjusted in that order; i.e., A being most likely torequested is given highest queuing or “front of the line” privileges.This can be useful where one generic copy of content owned by aplurality of subscribers is requested for delivery; since many owners(statistically speaking) are likely to request the content, it can bepushed higher in the queue for less latency in responding to subscriberdelivery requests. The requesting subscriber's status or privileges canalso be used as a basis for priority; e.g., those with “premium” featuresubscriptions can have their content lists queued ahead of othersubscribers, thereby providing premium subscribers with the leastlatency for their virtual content requests.

The foregoing statistical process can also be modified or qualifiedusing other information available to the MSO, including e.g., anecdotalviewing patterns or history for a particular content selection orsubscriber, prevailing geographical, temporal, political, etc.conditions, and so forth. For example, in the context of Movies A, B, C,. . . described above, while Movie A may correlate to the highestnumber/fraction of purchases by the present on-line subscriberpopulation, Movie B might have only been viewed an aggregate number oftimes that is much less than that of Movie A. Stated differently, whilemore people who bought Movie A are currently on-line, those purchasersof Movie B that are now on-line have viewed it very few times to date,and hence are ostensibly more likely to view it in the near term ascompared to the owners of Movie A. Or, Movie C may be of particulartopical relation to the current date or time of year (e.g., holiday; seediscussion of metadata provided elsewhere herein), and hence more likelyselected for viewing by its purchaser population than that for Movies Aor B. Myriad other schemes for evaluating or estimating purchaser demandfor particular content titles, genre, etc. will be recognized by thoseof ordinary skill given the present disclosure.

Gaming Variants—

As previously noted, gaming content and applications can be “purchased”by the user and owned in a virtual capacity similar to that describedfor movies, audio, etc. However, in certain cases, it may be desirableto adapt the network architecture to optimize such gaming uses; e.g., toreduce latency and therefore increase user satisfaction.

In one exemplary embodiment of the invention, a distributed application(DA) architecture is used that maintains a portion (“server”) of theapplication used to run the gaming content at a distant or remotelocation; e.g., at the head end 150, and downloads a smaller “client”portion of the application to the user's CPE or client device. The ownercan also designate one or more other parties (e.g., within the MSO'snetwork, such as other subscribers) that can access the server portionof the gaming application and also be provided a client portion that isin communication with the server portion (and hence in indirectcommunication with the other client portion(s)). This way, the garnerscan conduct multi-user gaming over the net from remote locations, orsimply multiple locations within the same premises. With the highbandwidth availability in the upstream (premises-to-network) anddownstream (network-to-premises) directions via, e.g., in-band channelor DOCSIS QAM, the communications with the server portion of the gamingapplication are effectively real time, and allow for substantiallylatency-free operation. Use of the client portions at the variouspremises also permits substantially distributed processing; i.e., sometasks that would otherwise have to be communicated upstream andperformed at the head-end can be performed locally on a given user'sclient device (e.g., PMD), thereby eliminating much latency.

In another variant, a substantially “peer-to-peer” model is utilizedwherein the client portions of the distributed application (DA) areadapted to communicate at least primarily on a peer-to-peer basis, suchas over a local premises or WAN Ethernet (e.g., twisted shielded pairCAT-5), WiFi, PAN (802.15), HomePlug, or premises coaxial cable network,with little or no involvement of the server portion of the DA. Thisapproach has the benefit of, inter alia, increasing possible speed ofplay and reducing latency, since effectively all processing andcommunications are conducted locally on the premises (or over a networkthat is less distant than the cable head-end). This approach can also beextended to multiple participants on a common cable network node (e.g.,distribution hub), which also significantly reduces latency as comparedto models which are required to communicate with the head-end 150.

In one embodiment, the gaming applications are downloaded to the clientsupon each request or authorization by the registered owner, and thenused by the clients over the premises network. When the gaming sessionmaking use of the application is terminated (or the client deviceswitched off, or goes out-of-network), the client portion of theapplication can be programmed to uninstall, thereby not monopolizingprecious storage space on the “thin” client device(s). However, filesrelating to e.g., past scores, progression of play, player identities,etc. can be left on the client device(s) so that users can effectivelypick up where they left off at the end of the last session, if desired.These “configuration/information” files take up very little space on theclient device, yet allow for largely seamless restart of the gamingsession once the client portion is again downloaded.

In yet another variant, a local premises device (e.g., DSTB, orconverged device (CD) such as that described in co-pending and co-ownedU.S. patent application Serial No. Ser. No. 11/378,129 entitled “Methodsand Apparatus for Centralized Content and Data Delivery” filed Mar. 16,2006, and incorporated herein by reference in its entirety, may be usedas a proxy server for the sake of the local client devices. FIG. 6herein illustrates one exemplary configuration of such a CD 602. Forexample, upon owner request to use their “virtual” gamingapplication/content, the head-end content server would, afterauthenticating and authorizing the user, download the client and proxyserver portions of the DA to the converged device (CD), wherein the CDwould distribute the client portion(s) to the requesting user(s), andinstall the proxy server portion on the CD. The DA in one embodiment(FIG. 2 e) comprises: (i) the head-end or network server portion 280;(ii) the premises server proxy portion 282, and (iii) one or more clientportions 284. This decentralized approach allows for “thicker”applications and capability to be run on the premises withoutintroducing significant latency, since the additional functionality isnow disposed locally on the CD or other premises device as opposed to atthe head-end, BSA hub site, etc. Since there are few if any upstreamcommunications between the proxy and master server portions 282, 284 ofthe DA during normal play, contention for upstream bandwidth (which mayfeasibly result in perceivable game latency) is also advantageouslyeliminated.

The foregoing paradigms for gaming, etc. content delivery may also makeuse of the “trusted domain” concept described in U.S. patent applicationSer. No. 11/006,404 filed Dec. 7, 2004 and entitled “Technique ForSecurely Communicating And Storing Programming Material In A TrustedDomain”, incorporated herein by reference in its entirety, as well asthe authorized service domain (ASD) described elsewhere herein.

It will be appreciated that while described in the context of anexemplary gaming application, these aspects of the invention may beextended to literally any functionality or theme that requires some sortof interaction between: (i) the client and a server; or (ii) two or moreclients, including without limitation collaborative applications(electronic whiteboards), multi-user financial applications (e.g.,family financial tracking programs such as an aggregated tax trackingand return preparation application), intra-family music sharing, etc.Hence, a family's library of DVDs and CD-ROMs for content, games,applications, music, and so forth, might conceivably be replaced with avirtual library, with the aforementioned CD acting as a convergedgateway to these services delivered over the MSO network. The MSO mighttherefore provide significant opportunities for access concentration andaggregation of services; such as where it provides: (i) VOD services(traditional); (ii) broadcast television services (e.g.,broadcast-switched); (iii) PPV; (iv) high speed broadband/internet(e.g., DOCSIS); (v) IPTV; (vi) VoIP or other telephony; (vii) homenetworking (e.g., via local WiFi, Homeplug, CAT-5, coax, or otherindigenous network environment), and (viii) “virtual library” forpurchased movies, games, music CDs, shared user-generated content,virtual hard drives, etc.

In effect, this model would provide a premises with all of its requireddata, telecommunication, and content requirements, thereby obviating theneed for multiple service providers, bills, and the presence ofincompatible equipment, as well as rentals or purchases of DVDs. Thisadvantage is further leveraged through the use of highly standardizedand universally compatible technologies such as UpnP and the like, whichmake for a substantially unified user environment and cross-over betweendomains (e.g., PMD can talk to CD and PC and DSTB and WiFi and soforth).

Content Trading and Transfer—

In another aspect of the invention, two or more users/purchasers cantransfer or “trade” ownership, much as two friends might swap physicalDVD's they had each purchased. In one embodiment, the VCM is configuredto permit owners of content (i) purchased through the MSO, or (ii)otherwise stored on the database, such as resulting from a sale of thecontent to the MSO subscriber via a content source (e.g., studio)website or the like, to swap viewing privileges according to one or morecriteria such as for a fixed period of time, for a number of viewings,permanently, on certain prescribed dates/times, and so forth. Thisswapping of viewing privileges can also be made to require two-partyauthorization (and authentication) such as via a software U/I screenacknowledgement or other affirmative action, so that in fact bothparties to the transaction agree.

Accordingly, users/owners of content under the present invention arealso optionally afforded another capability not present in rentals orDVD purchase (without significant added effort at least); i.e., theability to dynamically swap viewing rights to acquired content. It willalso be appreciated that an additional fee can be exacted from one orboth parties to the swap transaction so as to, inter alia, generateadditional revenue for the MSO (there is some threshold or price pointfor the convenience of being able to electronically share media withoutphysically having to do so), as well as to avoid subrogation of thecopyright royalty on the content (i.e., the MSO could pay a portion ofthe additional fee back to the content source or copyright holder,thereby creating an additional revenue stream for the latter entities,as well as the MSO).

In another embodiment, the users/purchasers of the content can do so forassignment to a third party; e.g., to give as gifts, etc. For example,an MSO subscriber might purchase certain content for unlimited futureviewing by another MSO subscriber, with notification and delivery of the“gift” being performed electronically (such as via an on-screen pop-upwindow, ticker, audible cue, e-mail, VoIP call over the MSO network, orother such user interface mechanism).

Personalization of Content—

In another exemplary embodiment, the present invention provides theuser/owner with the capability to personalize their stored version ofthe content. This can be accomplished in a number of different ways,including without limitation: (i) storing whole or complete customizedversions of content for each different user/owner; (ii) storing only thedifferences from user to user (e.g., in the form of a customizationsmetadata or similar file) that relate to a “generic” version of thecontent; or (iii) storing a generic version of the content at thehead-end, BSA hub, etc., and then adding the user personalization attheir CPE.

Such personalization might include, for example and without limitation,(i) annotating or flagging particular portions of their content forother family members (e.g., “Dad's favorite scene”; “Hey John, check outthis car chase . . . ”, “slow part . . . go get the popcorn now” and thelike), enterprise users (e.g., “Note the low-pressure sales techniqueemployed by Mr. Smith . . . ”), etc.; (ii) “scene” partitions orbreakpoints, such as to permit rapid navigation to portions of thecontent which are frequently watched or re-watched; (iii) creation ofuser-customized sequences of “vignettes” (in effect, hitting all thoseportions of the content which the user feels are important or desirable,thereby summarizing the content within a compressed period of time); or(iv) the addition of subtitled lyrics or tablature so that the user orother family members can sing/play along with musical portions of thecontent if any. Myriad other types and purposes of personalization willbe envisaged by those of ordinary skill when provided the presentdisclosure.

Accordingly, one embodiment of the invention provides the user with adownloadable software environment for user content editing andannotation which permits the user to make suchannotations/personalizations to their content, which are stored in afile that is transmitted up to the head-end, BSA hub site, etc. asappropriate. This file can be thought of as a layer atop the encodedcontent which functions much like metadata; it instructs the head-end,BSA, etc. server to perform certain additional functions such asskipping to different frame or SI references within the content,inserting overlays or other graphical and/or audible mechanisms (e.g.,pop-up windows), etc. when that particular user plays back theirpurchased content. This user editing environment is particularly welladapted to VOD or “PVR” delivery models, wherein the user can forexample pause the content playback; call up the editing environment toadd an annotation and “tag” it to that reference point in the content(wherein the editing environment transmits this annotation and referenceto the head-end server process via, e.g., OOB message, to be used onsubsequent playbacks), and then un-pause the playback and continuewatching. Any number of user interface mechanisms well known to those ofordinary skill can be used for enabling the user's entry of annotations,personalizations, etc. including without limitation on-screen displays(OSDs), browsers, interactive remote controls, keyboards, mice,joysticks, touch-screens, speech recognition algorithms, and so forth.

However, even broadcast modes can be annotated or personalized, such asby marking locations within the content during viewing (e.g., using aremote control function that initiates a marking reference function thatcan store the mark points, such as for example by an SI reference orartifact within the content), and utilize these points later within theaforementioned software environment to add the user's personalizations.A screen capture or “snapshot” function can also be employed, such aswhere the screen display or contents of VRAM, frame buffer, etc. can becaptured at each marking point, and saved along with the markings, so asto refresh the user's recollection when conducting annotation at a latertime. These references and capture data can be saved locally (e.g., onthe user's CPE or PC), or at the head-end 150 or hub-site server.

Alternatively, the software environment can associate one or morepredetermined annotations with certain portions of the content, such asshown in the exemplary scheme of Table 2:

TABLE 2 SI Reference Annotation Reference Annotation Content 0601060752303 “Slow part” 06010625453 01 “Scary” 06010641107 08 “Violent”These annotations can be user-designated, set by the MSO, or otherwiseas desired. Such annotations can be useful, for example, to warn viewersof impending themes, situations, action, etc. which may be of particularinterest, not suitable for children, etc.

These annotations may also be inserted by the content provider, ineffect extending the utility of the well known “rating system” used foralerting viewers as to the maturity, sexual content, etc. of thecontent. Many viewers either tend to ignore these ratings, or at leastforget them after the movie has started, in effect forcing them to makean “all or nothing” decision as to whether they or another should watchthe movie. Under the present invention, however, the viewers can bepre-alerted during the content playback or streaming itself as toimpending points of possible concern. In one embodiment, theseannotations or warnings are displayed graphically on the display of theviewer, akin to the network logo markings commonly used in the lowercorners of the viewed content display. For example, a small butnoticeable flashing “A” might indicate impending adult content, whereasa “V” indicates violence, etc. Myriad other approaches will berecognized by those of ordinary skill given the present disclosure.

Similarly, the present invention contemplates the ability to save orstore two or more versions of the purchased content for use byauthorized users; e.g., wherein a clean or un-annotated version isstored, as well as other versions, such as for example those annotatedor modified by or for different family members, etc.

In this fashion, the present invention advantageously provides a featurewhich is not available to either renters or purchasers of physicalmedia; i.e., customization of the ancillary features of the contentwhich may make the viewing experience more enjoyable or productive forthat particular user or their friends, family, co-workers, etc.

Virtual Audio/Music—

It will also be appreciated that the present invention can be extendedto musical content as well as movies, applications, gaming, etc. Insomewhat analogous fashion to the well known “iTunes™” service providedby Apple Computer Corporation, the MSO can provide downloads of musicfiles (e.g., MP3s, Windows media, etc.) to its subscribers. However, theexemplary embodiment of the present invention differs in that thestorage of the musical content is virtual, whereas the iTunes paradigmgenerally uses a download-and-store-locally approach. One exemplaryapplication for the present invention therefore is the virtual ownershipof CD-ROMs (“music CDs”); similar to the “Music Choice” or “XM Radio”services provided by satellite providers such as DIRECTV™, music can bestreamed to the subscriber (or downloaded for an ephemeral playback fromlocal equipment); however, unlike these prior art services, the user canmake selections and replay their content, since the programming is notpicked for them. Hence, in one variant, the subscriber purchases andmaintains a virtual library of musical content on the MSO infrastructure(e.g., virtual content database at the head-end), from which they canselectively choose and tailor according to their desires. For example,one delivery mode might be “random play”, wherein the MSO streamsindividual songs in a randomized fashion. These randomized selectionsmay be from the subscriber's entire virtual collection, or from subsetsthereof (e.g., “random play—Jazz”; “random play—Jazz by David Sanborn”;“random play—Jazz—1950 to 1970”, and so forth).

As can be appreciated, metadata or other such classification mechanismscan be used to assist the virtual database manager at the head end inmaking such subset selections; e.g., the content source (recordingstudio) can add the metadata to the content files that identifies theartist, genre, date, etc.). Alternatively, this information can be addedby the MSO at ingestion (e.g., via a human or automated process, such aswhen the content is ingested and groomed for storage within the virtualdatabase). As yet another alternative, the user/purchaser can be giventhe ability to add metadata annotations or the like via, e.g., thecontent editing and personalization software environment describedpreviously herein. For example, the user can be presented with anon-screen browser, menu or interface, or use their home PC, PMD, etc.,to configure the metadata according to their own personal system. Oneuser might, for instance, designate “favorites” with metadata, and suchclassification can be used as the basis for inclusion in a subset (i.e.,irrespective of genre, date, artist, etc., or alternatively with one ormore of these as additional filters or population criteria). Thesemetadata classifications or annotations can be made at the album level,song level, or even intra-song (e.g., such as where the best portions ofsongs are selected for playback, similar to a medley).

Users of the present invention can also establish “themes” or contextsfor their music, such as for example “dinner music”, “Christmas music”,etc., which may also make use of the foregoing subset approach (e.g.,“Christmas music—classical—1930 to 1970”).

The virtual music delivery model described herein is also amenable tothe various other forms of “ownership” described herein, includingwithout limitation ownership for a prescribed period or duringprescribed windows, site licensing, “buddy” sharing, and so forth. Forexample, many types of music (including so-called “pop”) tends to have afinite lifetime in the minds of its listeners; songs go in and out ofstyle sometimes very rapidly. Hence, one model of music deliveryaccording to the invention allows purchasers to purchase the content fora given length of time (e.g., one year), after which they can no longeraccess the content without additional payments.

Alternatively, certain types of music may only be useful to a listenerat certain periods of the day/week/month/year. For example, a user maypurchase rights to listen to Christ arias music only during theChristmas holiday season. Myriad other applications of such “partial” orfinite ownership will also be recognized by those of ordinary skill.

The foregoing approach of virtual storage of music obviates manydisabilities associated with the prior art purchase of physical media,including inter alma, (i) no manufacture, packaging, or shipping costs;(ii) no physical storage space required in the user's premises; (iii)the ability to assign and search metadata associated with a subscriber'slibrary instantaneously (e.g., using a search engine within the user'sCPE/CD, PMD, or the head-end); (iv) no possible damage to the physicalmedia (e.g., scratching, melting due to leaving out in the sun, etc.);(iv) no possibility of theft; and (vi) no shuffling or loading ofphysical media into a CD player or the like.

It will also be recognized that the methodology and apparatus describedherein lends itself to certain competitive advantages over the purchaseof a DVD or other such tangible media. As is evidenced in the commercialsuccess of on-line download music services (e.g., Apple iTunes™), therapid “electronic/virtual” procurement model has the potential ofsubstantially displacing the traditional physical medium approach tocontent purchase. Accordingly, since no physical medium is involved(including the costs associated with the medium itself, delivery,packaging, etc.), cost and delivery time can be reduced, thereby makingfor a more desirable user experience.

Subscriber Generated Content—

The storage apparatus and methods of the present invention can also beutilized for subscriber-generated content, as well as third partycontent. For example, a user may upload content (e.g., home movies,personal musical performances, photos, etc.) to the MSO storage facilityvia any number of different communication channels including forexample: (i) via an upstream OOB or DOCSIS communication via the MSOinfrastructure and the user's CPE or CD; (ii) via an internet (e.g., theInternet) that is coupled directly to the MSO head-end or hub site(thereby avoiding the “last mile” of the MSO distribution network), suchas e.g., via an Internet connection of a third party ISP, or anenterprise WAN; (iii) Telco PSTN or DSL link or other circuit-switchedchannel to a telecommunications switch that is coupled to an IP/ATMgateway or backbone; or (iv) via an internet connection to a cellularservice provider (CSP) or wireless service provider (WSP) or satelliteprovider (e.g., satellite Internet). See, e.g., co-owned and co-pendingU.S. patent application Ser. No. 11/258,229 filed Oct. 24, 2005 andentitled “Method and Apparatus For On-Demand Content Transmission andControl Over Networks”, incorporated herein by reference in itsentirety, that describes exemplary apparatus and methods for thecreation, storage, and sharing of such user-generated content. Whencoupled with the storage and authentication mechanisms described in thepresent invention, powerful and highly flexible capabilities areprovided; e.g., the ability to store and archive user generated contentin real time, even using a PMD such as a cellular telephone, that can beselectively and immediately shared by the user with family, friends,etc. The “VOD-like” functions of certain embodiments of the foregoingincorporated application further allow mobile users to have aPVR/VOD-like experience when accessing the content via the mobiledevice, including the ability to pause, stop, rewind, etc. Hence, thereis the ability for such users to instantaneously access archivedpersonal content regardless of their location, and play it back as if ontheir home equipment (e.g., DVR or DSTB).

Preview Capability—

It will also be appreciated that the streaming or download of content tothe user may occur before the content is purchased. For example, in onevariant of the invention, the user is provided a “preview” function,wherein the user can view selected portions of the content beforepurchase. This may provide the basis for, inter alia, a “return” policyof sorts, wherein the user at that stage can cancel the transaction andany billing associated therewith by selecting not to obtain (virtual)ownership of the content. To this end, the MSO or third party source candeliver only a limited portion (e.g., first five minutes) of theselected content, or alternatively a “trailer” or preview short, or evena limited function executable relating to an application, which can beviewed or used an unlimited number of times.

In effect, the downloaded preview content is either kept in a physicallyand/or electrically secure holding area within the user's trusteddomain, or simply restricted in its scope or capabilities, while theuser decides whether or not to irrevocably purchase the content.

This functionality can also be achieved by, e.g., encoding or encryptingthe downloaded content, such as via a public/private key system, wherein the user's CPE is only provided the necessary private key fordecryption upon affirmatively selecting “yes” on the purchase decision,such selection also causing the billing module within the head-end orother location to charge the user's account. Another approach maycomprise lacing the downloaded content with disruptive noise or similardata such that the picture rendered by playing the content is garbled oreffectively unusable, with such data only being removed upon (i) paymentby the user, and/or (ii) use of the appropriate cryptographic orauthentication data (or even a SIM card or similar device) to “unlock”the decoding algorithm so that removal of the disruptive data isenabled. Myriad other approaches to securing data compatible with thepresent invention are well known to those of ordinary skill, and hencenot described further herein.

Parental or Other Supervisory Controls—

In addition to other aspects described herein, the selection (includingpreview), purchase and delivery of virtual content can be masked orcontrolled according to one or more supervisory processes or functionsresident on either the network side (e.g., head-end within VCM 214, orat the hub site), or alternatively on the CPE/CD side. For example, onesuch masking function comprises a parental control, wherein contentrated with a certain viewer rating (e.g., “M” for mature only) can beselectively filtered from the purchase option list, and/or filteredbefore purchase or delivery. These controls may also comprise allowingthe purchase and delivery of such content to the premises, yet onlywithin certain domains of the receiving premises (e.g., the parentsbedroom), as can be determined through any number of well knownmechanisms such as Device ID, MAC address or LAN address on the localpremises coax or CAT-5 LAN, etc. As another option, the delivered andcontrolled content can be encrypted and/or password protected, such thatonly those with the proper password or encryption key component canunlock or decode the content for viewing.

The foregoing parental or operational controls can also be linked touser personalizations or annotations of the type described previouslyherein (See, e.g., Table 2). For example, a parent may annotate contentsuch as a movie that is generally acceptable for viewing by theirchildren, yet has some limited undesirable portions. These annotationscan be used as cues for masking algorithms (e.g., software running onthe VCM or the CPE/CD) to take particular actions with respect to thecontent, such as without limitation scrambling the signal, shuntingdelivery of the packets to the CPE/CD for a prescribed period of time,deleting the audio portion, inserting visual screen masks or patterns,disabling the video monitor, Firewire, etc. interfaces to interruptsignal reaching the monitor, etc. For example, in the context of Table 2above, the “08” (Violence) annotation reference may instigate theaforementioned software process in the VCM 214 or CPE/CD to simply blankout the delivered content for a prescribed period of time. Note that theannotation/personalization scheme previously described can readily beadapted by those of ordinary skill to include specification of one ormore related parameters that will allow user control of these actions(e.g., specifying the duration of blanking, percentage or portions ofthe display image to be masked, etc.). In this fashion, the parent canavoid depriving their child of what would otherwise be a meaningful oruseful viewing experience for the sake of a limited amount of undesiredcontent.

The present aspect of the invention can therefore can be thought of asproviding “enhanced V-chip” capability; rather than blanking an entireprogram (e.g., by encoding rated programs' signals on line 21 of thebroadcast signal's vertical blanking interval (VBI) using the XDSprotocol as in the V-chip), only selective portions of the content areblocked or otherwise obscured from user perception. Furthermore, whilethe V-chip has been mandated for certain classes of consumer device(e.g., televisions), no such mandate or accommodations within thesubscriber's hardware need exist; rather, the exemplary“parental/operational controls” functionality described herein can beeffected entirely using indigenous CPE/CD or VCM hardware, and only asoftware download (e.g., head-end to CPE/CD download and installation ofan application).

Virtual Possession—

In another aspect of the invention, the user or subscriber is providedthe opportunity to: (i) lease or even own equipment within the networkoperator's infrastructure or facilities; and/or (ii) extend a virtualcontrol boundary around one or more components or portions of thenetwork operator's equipment or infrastructure. Specifically, it may bedesirable under certain circumstances (e.g., for certain businessmodels, in order to address security or legal/copyright issues, etc.) toprovide the user with some degree of “ownership” or control of the MSOnetwork facilities, whether on a short-term or long-term basis.

In one variant, the user or subscriber leases or even purchases storagespace and/or actual storage and playback devices from the MSO. Suchlease or purchase may be for a period of time (or number of uses, etc.),or even permanent if desired. To this end, the MSO or other networkoperator may utilize a highly modular architecture, such that theoperations of the leased space/equipment for respective subscribers arelargely or completely separated from one another. The MSO maintains theleased/owned equipment (including physical security thereof), andoperates the equipment at the behest of the owner. For example, the MSOwould determine the configuration of the device, perform softwareupgrades, periodic maintenance, control encryption/decryption of thestored content, regulate access thereto, etc.

In another variant, a virtual control boundary is further constructedaround the subscriber's leased or purchased equipment, thereby allowingthem to be in direct control of all aspects of the operation and accessof their equipment. For example, one embodiment employs a softwareapplication disposed at the client premises (e.g., on their CPE 106)which communicates with a corresponding application or portion at theMSO node (e.g., head-end 150) that controls the operation of theleased/purchased equipment. In this sense, the MSO's equipment is in avery real sense in the possession and under the control of thesubscriber, albeit being physically located at a place remote from thesubscriber's premises (e.g., the head-end of the cable network). Thiscan somewhat be analogized to putting one's furniture or personalpossessions in storage; the user/subscriber still maintains ownership ofthe equipment (and any content disposed thereon) at all times, yet theMSO provides a physical location, and physical security, for the ownedproperty.

In another variant, these storage and recording/playback apparatus aredisposed at a local hub site or other node even more physicallyproximate to the user's premises.

It will be appreciated that various business models may also beconstructed around such “virtual possession” schemes, including forexample where the user or subscriber can themselves specify or configurethe equipment that they lease or own, much like one currently configuresa PC or laptop from a manufacturer at time of purchase. A user can alsobe provided with the capability of changing or upgrading theirequipment, such as for more storage space, different codecs, networkinterfaces, conditional access, encryption/authentication schemes,indigenous processing or signal conditioning capability, etc.

Network Server—

Referring now to FIG. 4, one embodiment of the improved networkelectronic device adapted for virtual content selection and deliverycapability according to the present invention is described. As shown inFIG. 4, the device 401 generally comprises and OpenCable-compliantnetwork server module adapted for interface with the HFC network 101 ofFIG. 1 (e.g., the MEM 162 at the head-end, and/or the LAN 158, 160),digital processor(s) 404, storage device 406 (and optional mass storagedevice 408), and a plurality of interfaces 407 for use with othernetwork apparatus such as IP routers and other packet network devices,network management and provisioning systems, local PCs, etc. Othercomponents which may be utilized within the server device 401 includeamplifiers, board level electronic components, as well as mediaprocessors and other specialized SoC or ASIC devices, Support forvarious processing layers and protocols (e.g., 802.3, DOCSIS MAC, OOBchannels, DHCP, SNMP, H.323/RTP/RTCP, TCP/IP, VoIP, SIP, LSCP, etc.) mayalso be provided as required. A VOD application is also disposed to runon the server module 301 to provide a functional interface for VODsession and download requests received from network CPE 106, or otherinterposed entities. These additional components and functionalities arewell known to those of ordinary skill in the cable and embedded systemfields, and accordingly not described further herein.

The server device 401 of FIG. 4 may take any number of physical forms,comprising for example one of a plurality of discrete modules or cardswithin a larger network head-end or edge device of the type well knownin the art, including the MEM 162 itself. The server may also comprisefirmware, either alone or in combination with other hardware/softwarecomponents such as those previously described (e.g., disposed in theaforementioned edge device). Alternatively, the server module 401 may bea stand-alone device disposed at the head end or other location (such asa VOD server 105, content server 103 or application server 104), and mayeven include its own RF front end (e.g., modulators, encryptors, etc.)or optical interface so as to interface directly with various portionsof the HFC network 101. Numerous other configurations may be used. Theserver device 401 may also be integrated with other types of components(such as satellite transceivers, encoders/decoders, etc.) and formfactors if desired.

It can also be appreciated that the methods of the present invention maybe practiced using any configuration or combination of hardware,firmware, or software, and may be disposed within one or any number ofdifferent physical or logical entities. For example, any requiredconditioning of the content before delivery (such as the inclusion ofannotations or personalization, watermarking or other data, encryption,generation of encryption key pairs and/or challenges, and so forth) maytake the form of one or more computer programs running on a singledevice disposed within the network (e.g., the VOD server module 105),such as at a head-end, node, or hub. Alternatively, such computerprograms may have one or more components distributed across varioushardware environments at the same or different locations, whereinvarious of the functions are distributed across the VOD servers 105,content servers 103, application servers 104 and other systemcomponents.

As yet another example, portions of the virtual content selection anddelivery functionality may be rendered as a dedicated or applicationspecific IC (ASIC) or DSP having code running thereon. For example, asecurity processor of the type well known in the art can be used toimplement encryption algorithms on the downloaded content or upstreamcommunications, and/or to perform key pair generation and the like.Myriad different configurations for practicing the invention will berecognized by those of ordinary skill in the network arts provided thepresent disclosure.

In one exemplary embodiment, the server device 401 is coupled to abilling or other payment management module and configured so as to onlypermit initiation of a VOD session or other content delivery mode tostart after the target content is purchased by the user; e.g., uponreceipt of a “payment accepted” or comparable signal from the billingmodule. This approach implements the aforementioned coupling between theavailability of the “new” content over the network and the purchasedecision (i.e., the user can't watch the new content without firstpurchasing it). The server operation can also be masked or controlled bya “business rules” engine” or other logical wrapper as describedsubsequently herein.

CPE Architecture and Operation—

FIG. 5 illustrates a first embodiment of the improved client device(e.g., CPE 106) with virtual content selection and streaming/downloadcapability according to the present invention. As shown in FIG. 5, thedevice 106 generally comprises and OpenCable-compliant embedded systemhaving an RF front end 502 (including demodulator and decryption unit)for interface with the HFC network 101 of FIG. 1, digital processor(s)504, RAM 505 and mass storage device 506, and a plurality of interfaces508 (e.g., video/audio interfaces, IEEE-1394 “Firewire”, USB,serial/parallel ports, DVI, etc.) for interface with other end-userapparatus such as televisions, personal electronics, computers, WiFi/PANor other network hubs/routers, etc.

The device 106 may also optionally include a recording device (e.g., DVDburner) 512 useful for recording the user's media, as well as(optionally playing it back after recording); see, e.g., U.S. patentapplication Ser. No. 11/080,693 filed march 14, 2005 and entitled“Method And Apparatus For Network Content Downloading and Recording”,previously incorporated herein, which describes exemplary apparatus andmethods for downloading and control of content within the user'spremises (including recording). However, it will be recognized that thepresent invention effectively obviates the need for such local recordingand storage.

Other components which may be utilized within the device (deleted fromFIG. 5 for simplicity) include RF tuner stages, buffer memory (which maybe implemented in the RAM 505 or otherwise), various processing layers(e.g., DOCSIS MAC or DAVIC OOB channel, MPEG, etc.) as well as mediaprocessors and other specialized SoC or ASIC devices. These additionalcomponents and functionality are well known to those of ordinary skillin the cable and embedded system fields, and accordingly not describedfurther herein.

The device 106 of FIG. 5 may also be provided with an OCAP-compliantmonitor application and Java-based middleware which, inter alfa, managesthe operation of the device and applications running thereon. It will berecognized by those of ordinary skill that myriad different device andsoftware architectures may be used consistent with the virtual contentselection and download functionality of the invention, the device ofFIG. 5 being merely exemplary. For example, different middlewares (e.g.,MHP, MHEG, or ACAP) may be used in place of the OCAP middleware of theillustrated embodiment.

The processor 504 and internal bus and memory architecture of the CPE106 of FIG. 5 is ideally adapted for high-speed data processing, atleast sufficient to support the client-side processing tasks necessaryto implement the content selection and streaming/download functionalityof the present invention effectively in real time. This may beaccomplished, e.g., through a single high-speed multifunction digitalprocessor, an array of smaller (e.g., RISC) cores, dedicated processors(such as a dedicated MPEG media processor, CPU, and interfacecontroller), etc.

As part of the application layer of the CPE 106 protocol stack (notshown), various different types of client applications may be running(or operable to run) consistent with the present invention. In oneembodiment, a separate (dedicated) client application adapted forcontent selection, browsing, and download may be used to interface withthe lower layers of the stack. This may include, e.g., a separate GUI orother type of UI, and may operate substantially independent of otherapplications on the CPE 106. Alternatively, the selection and downloadfunctionality described herein may be integrated into one or moreexisting or downloadable applications (such as the aforementionedannotation and personalization software environment, a VOD application,“Watch TV” application, navigator, TV-commerce application, or evenEPG). The application (and even session) layer protocols necessary tocontrol the content selection and download functionality may even bedisposed on another device (e.g., PDA or cellular smartphone) aspreviously described in order to instigate the browsing, selection,purchase and download/streaming of content. For example, the user may beable to use a client application (with SIP session layer) on theirsmartphone to negotiate, via e.g., a dial-in number or Internet URL, thepurchase and download/streaming of a movie at a later time via theirCPE.

As yet another option, the streaming/download functionality may becompletely transparent to the end user, such as where a VOD applicationrunning on the CPE 106 (or an associated device) makes data download“calls” as necessary to the other components of the stack in order to(i) initiate a session if not already established, (ii) download thedata, including any necessary error correction and/or retransmission,and (iii) manage termination of the session.

As previously noted, the server 401 can be used to restrict sessioninstantiation until one or more preconditions (e.g., payment) are met,but the CPE 106 may also be used to provide all or part of thisfunctionality. For example, the billing module or other entity can sendan authorization signal to the CPE 106 directly, and the middleware (orother functionality) of the CPE controls the user's ability toinstantiate the download or viewing session, or receive broadcasts. Inone variant, the server 401 controls the download (i.e., no download orstreaming until payment authorization cycle is complete), yet theability to view the downloaded or streamed content is delegated to theCPE. In another variant, the server 401 controls and provides thedownload session to a temporary storage location (e.g., on the CPE or ona device associated therewith, but the viewing of the content remains“locked” (such as based on SI or similar clock reference data) until aprescribed time/date coordinate when the user can view the content.Other schemes for allocating and restricting session instantiation, datastreaming or download, and viewing may be used consistent with theinvention, as will be recognized by those of ordinary skill given thepresent disclosure.

The CPE middleware and any other relevant components may also bemodified in order to provide a “universal” software interface for thecontent browsing, selection, payment and download/streaming functions,such that application developers can write their applications to makeuse of this capability. Similarly, the “universal” CPE described inco-pending and co-owned U.S. patent application Ser. No. 10/782,680filed Feb. 18, 2004 and entitled “Media Extension Apparatus And MethodsFor Use In An Information Network”, incorporated herein by reference inits entirety, may be used consistent with the present invention in orderto allow specific features (including content selection and download) tobe configured by a particular MSO or other entity when the CPE is usedin their network.

In another embodiment, the client application can function in responseto signals or communications provided by a device in communication withthe CPE 106. For example, the CPE 106 may comprise a wireless interface(e.g., 802.11a/b/g/n, Bluetooth, 802.15 PAN, 802.16 WiMAX, 802.20, etc.)such that it can service content selection, payment, anddownload/streaming requests from client devices of the CPE 106 itself.In one such variant, the client device comprises a PDA, gaming console,or similar handheld device that has a distributed portion of the clientapplication running thereon. This application may be stand-alone orintegrated with another application. Hence, users operating thedistributed client application on the PDA will utilize their wirelessinterface to the CPE 106 in order to remotely instigate a contentpurchase and download from the network via the CPE. The wireless forwardchannel(s) of the interface (e.g., CPE to PDA) can be used to transmitthe content after processing (e.g., decoding) by the CPE, or even streamthe “raw” unprocessed content (or even the received and demultiplexedMPEG encoded packets) to the PDA(s) for use thereby.

Myriad other schemes for integrating the content selection, purchase anddownload/streaming functions within the existing CPE softwareenvironment will be recognized by those of ordinary skill in thesoftware arts when provided the present disclosure.

The network or virtual content server can also instantiate a trusteddomain within the CPE 106 if one does not already exist. For example,using a downloadable CA (DCAS) approach, the necessary software andfirmware if any can be downloaded to the CPE, thereby enablingdesignation of the CPE as a trusted domain for handling content.Exemplary trusted domain apparatus and methods are described in co-ownedand co-pending U.S. patent application Ser. No. 11/006,404 previouslyincorporated herein by reference, although it will be recognized thatother approaches may be used.

In one embodiment, an authorized service domain (ASD) approach isutilized for protecting content delivered to the CPE 106. The exemplaryconfiguration of the ASD comprises a UPnP digital rights managementtechnology that is used by the network operator to protect content usingsecurity credentials of a multi-stream cable card or securemicroprocessor (e.g., trusted processor) disposed on the CPE 214. Anexemplary ASD service (ASDService) defines a service that runs on thevirtual content server 202 and is invoked by the CPE (or the manager214). The ASDService process in defined for exchanging andauthenticating security credentials to the CPE (and any connecteddevices within the CPE domain).

The exemplary ASDService described herein abides by the UPnP AVArchitecture for browsing content, setting up connections, transportingcontent and finally controlling the flow of the content between devices,although this is by no means a requirement for practicing the invention.The ASDService is a precursor to the UPnP general playback process, andis executed before the remote device can browse as ASD content directory(e.g., maintained by the VCM architecture 200) or allow playing.

The exemplary ASD Service also allows an ASD capable rendering device(e.g., CPE or connected devices) to scan the remote or local domainnetworks for ASD capable “servers”. Once identified, the CPE 106 canrequest authentication from the ASD capable servers to view the ASDcontent directory. The CPE 106 or its proxy selects content from thedirectory and submits its ASD credentials along with the content ID orother data identifying the content of interest in order to gain accessfrom the server. The submission of the security package is required eachtime a CPE accesses content in order for the server to maintain countersto comply with “copy once” and “copy never” classified content.

FIG. 6 illustrates an alternative embodiment of the CPE 106 comprising aconverged device (CD), such as that described in co-owned and co-pendingU.S. patent application Ser. No. 11/378,129 entitled “Methods andApparatus for Centralized Content and Data Delivery” filed Mar. 16,2006, and incorporated herein by reference in its entirety. Theexemplary CD 602 comprises a remotely manageable premises device that,inter glia, acts as a centralized client networking platform providinggateway services such as network management as well as traditionalcontent and high-speed data delivery functions. The device also acts asthe shared interne (e.g., Internet) connection for all devices in thepremises via a cable modem or other such interface, sharing personal andDVR content such as video, music and photos (and any associatedmetadata) throughout the premises, and providing both a wired andwireless network in the home. Telephony services utilizing e.g.,embedded multimedia terminal adapter (eMTA) and/or Wi-Fi architecturesmay also be provided via the device; these services can make use of thenetwork operator's indigenous VoIP or comparable telephony capability ifdesired, thereby providing an even more unified service environment.

The converged premises device can also provide a trusted domain forcontent or data, as well as allowing a subscriber total mobility in thehome or other premises by not limiting content or data to any oneviewing/access location. For example, content or data may be accessed onany monitor in the premises, as well as on a PC or personal media device(PMD).

A wired home network utilizing existing coaxial cable in the premises isalso created, using e.g., an Ethernet-to-coaxial bridge technology basedon the MoCA specification. This allows existing devices and DVRs toconnect and share content with the CD, and also allows the networkoperator (e.g., MSO) to control and manage the premises coaxial network.

The CD is also advantageously accessible via any remote device withinternetworking (e.g., Internet) capability, thereby allowing personalcontent (or virtual content, with the CD acting as a proxy for thevirtual content manager/server) to be accessed by the user (or otherentities such as the virtual content manager 214) from outside thepremises.

Business Methods and Considerations—

Various exemplary business-related aspects of the content purchase anddelivery technology previously discussed herein are now described infurther detail.

One salient benefit of the present invention is its ability to provideusers (e.g., cable system subscribers) with the ability to virtually ownand repeatedly receive data, applications and/or media content, as ifthey actually possessed a tangible medium. This capability also providesthe basis for a highly useful business model; i.e., the provision of newcontent or data at least contemporaneous with that provided by otherdistribution channels (e.g., DVD rentals or retail sales), withostensibly a reduced level of effort required by the user.

As previously discussed, cable system and other content networkoperators have heretofore been at somewhat of a competitive disadvantagedue to the latency inherent in the provision of certain data or content(e.g., certain new release movie titles) as compared to these otherchannels. New release DVDs will typically be available in the rental orretail stores such as Blockbuster® or NetFlix® well in advance of theavailability of the same title on a VOD, broadcast, or similar service.

Advantageously, the virtual ownership approach of the present inventionremoves this latency, and precludes the user from having to go to aspecified retail or rental outlet to receive and view the content, sincethey can now merely purchase it “on line” (e.g., via MSO network,Internet, etc.) and have it delivered at their convenience and as manytimes as they like, as well as optionally deliver it or record it, suchas in a remote trusted domain. Similarly, the time and effort expendedunder prior art mail-based approaches (such as Netflix), not to mentionthe delay associated with receiving the desired content by mail, isobviated under the present invention, since the user is presented withan easily accessed interface (via their television, PC, PDA or the like)by which to order the desired media in one simple transaction, alongwith the capability to almost instantly view it whenever and as manytimes as they like.

From the MSO and content source perspective, the foregoing approach alsoobviates at least some of the physical distribution channelsnecessitated under the prior art, and also allows for a coupling betweenthe viewing and purchase events, such that retail and rental sales arenot diminished by also contemporaneously providing the content forpurchase over the cable (or satellite) network. Under one rental/retailapproach, the physical media (e.g., DVDs) are recorded, and thenphysically shipped to the various retail or rental locations, therebyincurring additional cost and delay. In contrast, the purchase anddistribution scheme of the present invention effectively eliminates suchcost and delay. The capability uses existing delivery infrastructurealmost exclusively (with the exception of, e.g., the client portion ofthe DA which can be downloaded directly to the CPE). Hence, there isvery little additional overhead for the service or content providerassociated with providing the virtual content purchase capability of theinvention.

Another salient benefit of one embodiment of the business model of theinvention relates to the user/subscriber never having to return thephysical medium to the provider, or store it at their premises. Forexample, under prior art approaches, a rented DVD must always bereturned to the provider, whether by drop-off (Blockbuster®) or mail(Netflix®) In contrast, the exemplary methods of the present inventionallow the user to retain ownership of the mediacontent/data/application, thereby making it akin to a purchase.

Furthermore, the session and “user-specific broadcast” based approachesof the exemplary embodiments described above advantageously allow forcontrol of the streaming or broadcast of the content. In this fashion,the content provider for example can (in conjunction with the MSO)determine when the new content should be made available for purchase,and then permit users to access (see exemplary business method flow ofFIG. 7, wherein both an availability or release date and the user'spurchase of the content are used as gating criteria to permit the VODsession/BSA broadcast creation and subsequent content streaming to theuser's CPE). A user can also be afforded the opportunity to plan out anextended period (e.g., a month's worth) of programming by purchasing newreleases as they become available, and then viewing them at theirleisure.

Third party content or data providers such as studios are also affordedyet another distribution channel for their content, thereby achievingfurther market penetration (especially for that segment which wouldotherwise buy and watch the content but for having to go through themachinations of either renting or buying it via extant prior artapproaches). For example, one variant of the business model comprisesproviding the studio or other third party provider with a royalty orother compensation based on sale of each virtual copy of the selectedcontent, while the MSO or service provider also obtains a portion of theprofit for use of its distribution infrastructure and services. Theprices afforded to the user or subscriber may be set above, below, or inparity with those via retail outlets for example.

The on-line purchase and distribution paradigm of the present inventionalso provides a benefit in terms of its synergy with newsubscriptions/users; i.e., by providing subscribers with the ability topurchase and view content that would otherwise have to be procured viaone or more additional distribution channels. Hence, not only is theexisting subscriber base more completely and effectively served byproviding this new capability, but many incipient or possible futuresubscribers are given an incentive to enter into a subscription, sincesuch subscription obviates their need to go to the rental/retail outlets(and all of the associated effort), wait for their content selections toarrive by mail, or wait for the title to be later released via VOD orsimilar network channel. Furthermore, the restrictions placed on usersof such other channels may be removed if desired, such as where the usercan order any number of movies at any given time (instead of the“X-per-month” approach of Netflix and similar prior art services).

Hence, the present invention also gives content providers access to anotherwise untapped pool of profits and sales, since there is currently asignificant number of people who would not rent or purchase any givencontent unless the cost/effort threshold is reduced. Stated differently,by making purchase and ownership (including obviating storage space,having to purchase/maintain a DVD player, and having to manually insertthe DVD into the player) nearly effortless and low enough in cost, morepeople will view movies or other content more often, thereby increasingthe content provider's effective penetration into a given demographic.

Furthermore, as previously discussed, many portions of the HFC networkadvantageously are physically protected, and additional encryption andsecurity measures are provided all the way to the CPE so as to preventsignal theft and access to sensitive customer data. This added physicaland higher layer security provides content developers and providers withadditional assurances that their valuable content will be protected, ascompared to a completely untrusted network such as the Internet. It willbe recognized, however, that with sufficient protection (including forexample encryption and the use of trusted domains), even remotedistribution over such internets or less inherently secure networks canbe used; see, e.g., the remote delivery methods and apparatus describedin U.S. patent application Ser. No. 11/440,490 filed May 24, 2006 andentitled “Personal Content Server Apparatus And Methods” {Attorneydocket No. TWAR.047A/TWC 06-07}, incorporated herein by reference in itsentirety.

Also, copying and distribution rules can be enforced via the CPEhardware and software; e.g., precluding copying of a given stream orbroadcast, or marking content with digital rights notice or protectivemeasures (such as digital watermarking, encryption key generation,authentication of the viewing device, etc.), as contrasted withInternet-based “ripping” of content via peer-to-peer or similaruncontrollable network models.

It will be appreciated that a “site license” approach can also be usedfor content (including applications) that are virtually owned by asubscriber or user. For example, one member of a family might purchasethe content, and also pay an additional fee to allow unlimited use bythat purchaser's family members or friends (who can be designated e.g.,at time of purchase, or later). Alternatively, such a site license mightcomprise the ability to make unlimited use of the content within a givenphysical premises or network. Myriad different approaches to licensingwill be recognized by those of ordinary skill provided the presentdisclosure.

In another aspect of the invention, arrangements with content producers(e.g., movie studios) may be used in conjunction with the apparatus andmethods described herein to allow subscribers or users (whether those ofthe MSO network, or those of the content source) to “purchase” contentvia an Internet web portal, telephone service, WAP-enabled mobiledevice, etc., with the virtual content being provided by the MSO in afashion similar to that described elsewhere herein. This cooperativearrangement between the MSO and content source ostensibly benefits bothparties (and the consumer), since: (i) the MSO will have a wider rangeof content (and earlier release dates) available to its subscribers,thereby increasing viewer satisfaction; (ii) more MSO subscribers willspend more time on the MSO network; (iii) the content source is providedwith an additional delivery channel for its “physical” media (and henceadditional revenue opportunities); (iv) consumers will be provided withmore channels by which they can obtain the content (instead of merelyvia the MSO network, users can purchase it via the web, mobile device,etc.); and (v) the cost of the content is reduced as compared topurchase of an actual tangible medium, since there is no packaging,shipping, inventory control, etc. associated with the “virtual” deliverymode.

It will also be appreciated that a common account can be maintained forthe MSO subscriber by the MSO and the content source if desired. Forexample, Warner Bros. Studios might maintain an “online” user accountfor Subscriber A, which is also correlated or coupled to an MSO (e.g.,Time Warner Cable) account for that subscriber (or vice versa), therebyallowing for unified tracking and billing. In this fashion, the MSOsubscriber can log onto the Warner Bros. website, purchase content(e.g., in advance of the release date), and have it both available forviewing via the Time Warner Cable infrastructure on that release date,and billed to the subscriber's Time Warner Cable statement directly.

This approach need not be limited to related or affiliated companiessuch as Warner Bros. and Time Warner Cable (TWC); for example, Fox andTime Warner Cable might just as easily agree to form such a cooperativearrangement so that content purchases made via the Fox website (e.g.,the entire first season of “24” on virtual DVD) are linked to thesubscribers TWC account, and show up on their TWC monthly statement.

Conversely, all of the foregoing functions can be provided within oneentity. For example, the TWC “Roadrunner” high speed Internet website orsimilar site associated with the MSO could be used as a content portalas well, under agreement from the relevant content source(s).

The ability to purchase the virtual content via the Internet accordingto the present invention also provides significant additionalopportunities for “impulse” purchase by the user. Specifically, if givena modality by which they can rapidly purchase content from any locationfor later viewing at their premises (or even at that point in time viatheir mobile device), users might be more likely to purchase morecontent in any given period of time. For example, a number of co-workersdiscussing last night's episode of “24” might decide to purchase the DVDduring their discussion, but the likelihood of that intent translatinginto an actual purchase diminishes unless they are presented with aneasy way to make the purchase in a timely fashion. Stated simply, theeasier it is to make the purchase, the more likely they will be to doso. Hence, where a user can use their mobile device (e.g., WAP-enabledmobile phone or PDA) to make the purchase via an Internet website, theymight be much more likely to actually do so as compared to having to gohome and make the purchase via their premises cable TV system, sincethey may forget, change their mind, be persuaded not to make thepurchase by another family member, etc. Hence, the present embodiment ofthe invention provides significant “point of sale” type capability tothe MSO and content source.

In another embodiment of the invention, a tiered or graded pricestructure is used, depending on the features provided to the user/owner.For example, one variant lets the user specify one or terms that can beapplied to their ownership, which may be advantageous to them, the MSO,content source (e.g., studio), etc.

For example, one such ownership term comprises one or more specificperiods or windows of ownership; the user is therefore limited to accessto the content only during certain periods. This approach might beuseful, for example, where the user only watches movies on weekends, andhence has no use for the content during weekdays. Similarly, the usermay only watch content during the evening period, and hence the daytimeownership could be masked out. Or, the purchased content may only have alimited duration of applicability for the user; e.g., a children's moviethat once the children are grown past a certain age, no further viewingwould be made. Or the user may only wish to “own” the content for agiven duration of time corresponding to an event in their life such asvacation period, etc. (e.g., an instructional title teaching the Frenchlanguage for an impending trip to Paris), after which no further viewingwould likely occur.

By mapping these “windows” against the storage device used to store thecontent, the network operator (e.g., MSO) can vacate storage capacitydynamically; i.e., remove content from a server or switch knowing thatthere are no users who “own” that content during that period, and hencewould request delivery thereof. If a user does request delivery (e.g.,new purchase), the content can be rapidly de-archived and loaded fordelivery to that user. This information can also be useful for dynamicor advanced bandwidth management purposes; e.g., forecasting networkloading, or at least loading of particular assets (e.g., VOD servers)within the network.

In one respect, the foregoing approach of windows or periods ofownership is somewhat analogous to prior art techniques used by electricutilities to manage KW loading during peak demand periods (e.g., hotsummer days) by pre-negotiating with customers to forego a portion oftheir capability, such as air conditioning.

Ownership windows can be non-contiguous, and can be coupled to events(e.g., viewing window “opens” on weekends, holidays, or even when topicor feature of content correlates to some event (e.g., the demand for themovie “War of the Worlds” would very likely spike if/when aliens fromouter space visit Earth for the first time). For this last capability,metadata (e.g., XML metadata or the like) can be stored with the contentto allow a search and correlation algorithm (described below; part ofthe exemplary head-end or hub site content storage and delivery manager)to perforin analysis of the content loading to anticipate variations indemand. As a simple example, consider the increase in demand amongvirtual owners of the title “It's a Wonderful Life” during the ChristmasHoliday and season; metadata for this title might include the word“Christmas”, by which the aforementioned algorithm would flag this titleas having a high likelihood of use during the Christmas season. It willbe appreciated by those of ordinary skill that the grading or ranking oflikelihood of use or other such metrics can be implemented according toa discrete system (e.g., 0 to 10 scale, with “10” being highestlikelihood), a generalized information theory (GIT) variable systemincluding e.g., (i) fuzzy logic, (ii) Dempster-Shafer theory; (iii)Bayesian theory; (iv) probability theory; and (v) possibility theory,(e.g., “high”, “medium”, or “low” likelihood; or “possible” or“impossible”), or yet other approach, based on the particular attributesof the application.

As another example of anticipatory correlation and loading, metadata foreach title stored by the MSO might include a list of the primaryactors/actresses, which could then be correlated to current eventsinvolving them (e.g., upon his death, numerous stations broadcast “JohnWayne film festivals”). Hence, upon such an event, the algorithm couldsearch the metadata of each title for the presence of that individual,and preferentially load the database with titles starring thatindividual. Multiple layers of this process may also be utilized, suchas where after the aforementioned titles starring that individual werelocated, this population is then evaluated for secondary and eventertiary criteria relating to the event; e.g., if Jimmy Stewarthypothetically had died during the Christmas season, the “It's aWonderful Life” title might be in especially high demand as compared toother non-Christmas/holiday Jimmy Stewart films, and hence would beranked or rated quite highly over the others (starring Jimmy Stewart orotherwise).

In one variant of the invention, users/owners can also be providedownership on a number-of-uses basis; e.g., the user purchases “credits”for say five (5) viewings that can be used at any time. This informationmay be statistically useful for the MSO, since while they do not knowthe precise timing of when a given user's “n” viewings will occur, theycan apply statistical or historical (anecdotal) data to help managecontent database loading and bandwidth allocation within the network.For example, it may be known that about ninety percent (90%) of all suchexemplary “number-of-uses” purchasers use all “n” of their viewingswithin one year of their purchase date. Hence, the MSO can track suchpurchases as a function of time, and develop projections on the demandfor certain titles as a function of time, which can then be used tomanage the database contents.

Another consideration with the foregoing electronic/virtual deliveryparadigm of the invention relates to the possibility of losing thepurchased content due to, e.g., electronic failure, electromagneticpulse or exposure to a strong magnetic field, loss of or damage to thedevice on which the content is stored, etc. Feasibly, and depending onthe type of storage device used, the content which the user haspurchased may be partially or completely lost through such occurrences.Possession of a physical copy (e.g., DVD), on the other hand, makes auser feel more secure that they will always have a “back up copy”.Accordingly, while not providing a physical medium, the methods andapparatus of the present invention effectively provide back-up orarchive functions for content that user's have purchased. In thisfashion, a user who downloads the content onto their DSTB or PMD has noworries about losing the ephemeral rendering of the content (e.g., thedownload), since they can always obtain a replacement copy from the MSOor other such source, upon showing proof of prior purchase. This featurecan be used as the basis of a business model or “premium feature” aswell; i.e., guaranteed never to be lost or degraded.

Operational/Business Rules Engine—

In another aspect of the invention, the aforementioned selection,purchase, virtual storage and delivery functions are rendered as one ormore computer programs running at, e.g., the content server 202, VODserver 105, Session Resource Manager (SRM) or BSA manager, and furtherinclude a so-called “business rules” engine. This engine comprises, inan exemplary embodiment, a series of software routines adapted tocontrol the operation of the purchase, storage and delivery algorithmspreviously described. In effect, the business rules engine comprises awrapper or controller entity which monitors the VCM operations (e.g., ODsession or BSA switching requests received by the server 105 or manager198) and dynamically (or manually) controls the operation of the serverand, where required, the CPE 106, CD or other data recipient in order toimplement a prescribed set of business rules. In the exemplaryembodiment, this rules engine is integrated within the VCM architecture200, such as within the VCM server portion 214, although this is by nomeans a requirement.

For example, one business rule may state that no VOD or other contentstreaming session may be instantiated until a paymentauthorization/confirmation is received. Another business rule maycomprise the policy that data download bandwidth are weighted or skewedbased on profitability or similar considerations, allocating availablebandwidth preferentially to higher-profit delivery channels orsubscribers, or even service level (e.g., HD versus SD).

As another exemplary business rule, delivery requests from thosesubscribers having a content “purchase” and storage subscription (ascompared to a standard service subscription) are serviced first. Hence,all users submitting delivery requests are processed in real time, yetthe purchase-subscribed users are given priority for delivery, and henceshorter perceived latency from request to commencement ofstreaming/broadcast.

Other types of business or operational rules can be applied as well. Forexample, it may be desirable to alter the availability window fordelivery into certain time slots, such that traditional VOD, BSA orother network functions are not adversely impacted (e.g., the user's PVRcommands are not slowed during prime time viewing due to too manyvirtual content deliveries being requested within a given service area).As previously discussed, the availability of the delivery can also berestricted so as to be contemporaneous with, or bear some other temporalrelationship to, the release of the same content via other distributionchannels.

Alternatively, business rules may be applied across other demographicsand parameters such as geography and service group.

Literally any of the selection, purchase, or delivery constraintspreviously described herein can also be implemented via the rulesengine, such as for example enforcing virtual “ownership” only duringprescribed windows.

It will be recognized that while certain aspects of the invention aredescribed in terms of a specific sequence of steps of a method, thesedescriptions are only illustrative of the broader methods of theinvention, and may be modified as required by the particularapplication. Certain steps may be rendered unnecessary or optional undercertain circumstances. Additionally, certain steps or functionality maybe added to the disclosed embodiments, or the order of performance oftwo or more steps permuted. All such variations are considered to beencompassed within the invention disclosed and claimed herein.

While the above detailed description has shown, described, and pointedout novel features of the invention as applied to various embodiments,it will be understood that various omissions, substitutions, and changesin the form and details of the device or process illustrated may be madeby those skilled in the art without departing from the invention. Theforegoing description is of the best mode presently contemplated ofcarrying out the invention. This description is in no way meant to belimiting, but rather should be taken as illustrative of the generalprinciples of the invention. The scope of the invention should bedetermined with reference to the claims.

What is claimed is: 1.-48. (canceled)
 49. A method of content managementwithin a content delivery network having a plurality of users, saidmethod comprising: receiving content at a client device, the clientdevice associated with said at least one of said plurality of users ofsaid network; and causing at least a portion of said content to beuploaded to a storage entity of said network; wherein said storageentity is configured to store said content at a storage locationspecifically associated with said at least one user.
 50. The method ofclaim 49, wherein the storage location specifically associated with saidat least one user is only accessible to said at least one user.
 51. Themethod of claim 49, where said network comprises a managed networkhaving a network operator, and the plurality of users comprises aplurality of subscribers who are bound to said network operator pursuantto respective subscription agreements.
 52. The method of claim 49, wherereceiving content at a client device associated with said at least oneof said plurality of users of said network comprises receiving contentfrom the content delivery network.
 53. The method of claim 49, furthercomprising, based at least on a request from the at least one user,causing a download of at least a portion of the stored content to aclient device associated with the at least one user.
 54. A method ofcontent management within a content delivery network having a pluralityof users, said method comprising: receiving content at a client device,the client device associated with said at least one of said plurality ofusers of said network; receiving a request to record said content; andbased at least in part on said request, causing at least a portion ofsaid content to be maintained on a storage entity of said network;wherein said storage entity is configured to store said content at astorage location accessible to users of said network.
 55. The method ofclaim 54, wherein the receiving the request comprises receiving therequest at the client device, the request originated by said at leastone user.
 56. The method of claim 55, further comprising forwarding atleast a portion of the received request from the client device to anetwork-side entity.
 57. The method of claim 54, wherein the storagelocation specifically associated with said at least one user is onlyaccessible to said at least one user.
 58. The method of claim 54, wheresaid network comprises a managed network having a network operator, andthe plurality of users comprises a plurality of subscribers who arebound to said network operator pursuant to respective subscriptionagreements.
 59. The method of claim 54, where receiving content at aclient device associated with said at least one of said plurality ofusers of said network comprises receiving content from the contentdelivery network.
 60. The method of claim 54, further comprising, basedat least on a second request, causing a download of at least a portionof the stored content to a client device associated with the at leastone user.
 61. The method of claim 60, wherein the client deviceassociated with the at least one user to which the at least a portion ofthe stored content is downloaded comprises the same client device atwhich the content is received initially.
 62. The method of claim 60,wherein the client device associated with the at least one user to whichthe at least a portion of the stored content is downloaded comprises adifferent client device then that at which the content is receivedinitially.
 63. The method of claim 54, wherein the maintenance on astorage entity of said network comprises maintenance on a portion of thestorage entity particularly allocated to a particular one of saidplurality of users.
 64. The method of claim 54, wherein the storageentity is configured to store said content at a storage locationaccessible to only designated one or more of said plurality of users.65. A method of providing content from a content delivery network to atleast one of a plurality of users of said network, said methodcomprising: receiving, at a network-side storage entity for storagethereon, content from a client device associated with said at least oneof said plurality of users of said network; and causing at least aportion of said received content to be stored on the storage entity;wherein said storage entity is configured to store said at least portionof said content at a storage location specifically associated with saidat least one user.
 66. The method of claim 65, further comprising:receiving a request at said network from a device associated with saidat least one user to download the stored at least portion of saidcontent; and causing download of the stored at least portion of thecontent.
 67. The method of claim 66, wherein the device associated withthe at least one user comprises the client device.
 68. The method ofclaim 65, wherein the causing download of the stored at least portion ofthe content comprises causing download to the device associated withsaid at least one user.
 69. The method of claim 65, wherein the causingdownload of the stored at least portion of the content comprises causingdownload to a device other than the device associated with said at leastone user, yet which is also associated with said at least one user. 70.The method of claim 69, wherein the device other than the deviceassociated with said at least one user, yet which is also associatedwith said at least one user, comprises a mobile wireless device.
 71. Themethod of claim 65, wherein the content received at the storage entitycomprises third-party generated content.
 72. A method of managingcontent via a content delivery network, so as to ensure copyrightpreservation, the method comprising: recording a first rendering of acontent element on a first recording device at a first location, thefirst recording device being associated with a first user; and recordinga second rendering of the content element on a second recording deviceat a second location, the second location being in communication withthe first location via the content delivery network, the secondrendering being made accessible only to the first user so as to protectthe copyright of the content.
 73. The method of claim 72, wherein thefirst recording device comprises a DVR, and the first location comprisesthe first user's premises.
 74. The method of claim 73, wherein thesecond recording device comprises a network DVR (nDVR), and the secondlocation comprises a portion of the content delivery network outside ofthe first user's premises.
 75. The method of claim 72, furthercomprising: requesting the second rendering from a user device that isremote from either the first or second locations; and providing at leasta portion of the content element to the remote user device using thesecond rendering.
 76. The method of claim 72, wherein the recording afirst rendering of a content element on a first recording device at afirst location comprises recording the content element after it has beenreceived at the first location from the content delivery network.
 77. Amethod of providing content from a content delivery network to at leastone of a plurality of users of said network, said method comprising:receiving, at a network-side storage entity, content; and causing atleast a portion of said received content to be stored on the storageentity; wherein said storage entity is configured to store said at leastportion of said content at a storage location that is accessible to onlyones of said plurality of users that have requested to access thecontent.
 78. The method of claim 77, wherein the request to access thecontent comprises a request to stream or download the content.
 79. Themethod of claim 77, wherein the content received at the storage entitycomprises content received from a client device associated with said atleast one of said plurality of users of said network.
 80. The method ofclaim 77, wherein the request to access the content comprises a prioraffirmative request to have the content stored.
 81. A method of contentmanagement within a content delivery network having a plurality ofusers, said method comprising: receiving content at a network storageentity; receiving a request to maintain said content on the storageentity from a client device, the client device associated with said atleast one of said plurality of users of said network; and based at leastin part on said request, causing at least a portion of said content tobe disposed on the storage entity at location accessible to at leastsaid at least one user.
 82. The method of claim 81, wherein the locationaccessible to at least said at least one user comprises a locationaccessible to others of said plurality of users who have also submitteda request to maintain said content.